
23andMe hit with class action over “misleading” genetic ads  - a_bonobo
http://gigaom.com/2013/12/02/23andme-hit-with-class-action-over-misleading-genetic-ads/
======
cromwellian
And yet, few FDA actions or class action lawsuits against chiropractors,
acupuncturists, purveyors of bullshit diets, nutrition or exercise products,
penis and breast enlargement devices.

Turn on any radio or late night TV channel and get deluged with sheer
bullshit. Better yet, look at your own insurance policy paying for the medical
equivalent of scientology (chiropractic medicine).

There's a long list of scams and bad products out there (Ranbaxy anyone?),
many that actually harm consumers and promise miracles. And yet, here we have
the government cracking down on something (as well as opportunistic ambulance
chasers), that doesn't really promise anymore than a statistical printout of
your DNA.

Most of 23andme's customers were early adopters, especially when the price was
much higher, I find it hard to believe the plantiffs in this lawsuit were
duped into thinking it does anything more than claimed.

Meanwhile, people who give medical advice that harms actual children, by
claiming vaccination gives them autism, can run wild all over public health.

~~~
mcphilip
Genetic tests are classified as medical devices, a category requiring a strict
approval process with the FDA [1]. The other "bullshit" products [2] you
mentioned do not fall in this category. The debate should start at whether
23andme tests should be classified as medical devices instead of claiming
malicious targeting by lawsuits and the FDA.

[1][http://www.nbcnews.com/id/37638671/#.UpWQiNIwrIy](http://www.nbcnews.com/id/37638671/#.UpWQiNIwrIy)

[2]Acupuncture seems to help my migraines. I'm comfortable with not having a
rational explanation for why it works.

~~~
cromwellian
I personally don't think the government has a right to tell me I can't read my
DNA. A medical device that tells me the chemical content of my spit can't
physically harm me.

~~~
krapp
The government isn't saying you don't have a right to read your DNA, it's
claiming this particular device is fraudulent and its ads are deceptive.

~~~
jonallanharper
The FDA’s letter to 23andMe calls “particularly concerning” the information
the tests would provide about the gene linked to breast cancer (BRCA) “because
of the potential health consequences that could result from false positive or
false negative assessments.”

According to 23andMe's site: "You should not change your health behaviors
solely on the basis of information from 23andMe. Make sure to discuss your
Genetic Information with a physician or other health care provider before you
act upon the Genetic Information resulting from 23andMe Services. For most
common diseases, the genes we know about are only responsible for a small
fraction of the risk. There may be unknown genes, environmental factors, or
lifestyle choices that are far more important predictors. If your data
indicate that you are not at elevated genetic risk for a particular disease or
condition, you should not feel that you are protected. The opposite is also
true; if your data indicate you are at an elevated genetic risk for a
particular disease or condition, it does not mean you will definitively
develop the disease or condition. In either case, if you have concerns or
questions about what you learn through 23andMe, you should contact your
physician or other health care provider."

(Paraphrased from Harry Binswanger's article:
[http://onforb.es/1iQEN4U](http://onforb.es/1iQEN4U))

------
300bps
I am a part of this class and will happily opt out of the class action suit if
it attains that status.

Through 23andme, I found a moderate genetic disorder that I have which
prompted me to make certain lifestyle changes that will very likely stop me
from having emphysema relatively early in life. Because I had the particular
disorder, I passed this information on to my sister and through testing not
through 23andme, she discovered she has it as well.

So far it has been the best $99 I have ever spent on anything healthcare
related.

~~~
eshvk
> Through 23andme, I found a moderate genetic disorder that I have which
> prompted me to make certain lifestyle changes that will very likely stop me
> from having emphysema relatively early in life. Because I had the particular
> disorder, I passed this information on to my sister and through testing not
> through 23andme, she discovered she has it as well.

How do you actually know you have the genetic disorder? Could it possibly be a
bug in 23andme? [1]

[1] [http://qz.com/151311/why-23andme-might-have-the-fda-
worried-...](http://qz.com/151311/why-23andme-might-have-the-fda-worried-it-
gave-me-a-false-result/)

~~~
300bps
_How do you actually know you have the genetic disorder? Could it possibly be
a bug in 23andme?_

Actually, the part of my original comment that you quoted shows that is
extremely unlikely. Here it is:

 _I passed this information on to my sister and through testing not through
23andme, she discovered she has it as well._

Specifically, my sister got tested through a blood test from the foundation
for this genetic disorder and verified that she has the same genetic disorder
I do. Is it possible that 23andme wrongly stated I have a genetic disorder and
that coincidentally my sister has it but I don't? For some genetic disorders,
perhaps. But with mine, there's exactly 0% chance. 23andme was correct in my
case.

~~~
toomuchtodo
I too was an early 23andme adopter. Our entire family was genotyped (5
people). We'll all be opting out of yet another frivolous class action
lawsuit.

I'm trying really hard to have a positive outlook on the US.

------
ksherlock
"The FDA lacks any specific statutory authority to regulate genomic sequencing
technologies. President Obama knows this, because as a Senator in 2006 and
2007 he introduced bills that would regulate the genomics industry. They never
passed. Yet in 2010 the FDA simply decreed by fiat that these tests are
considered new medical devices that require premarket testing and approval."
\--
[http://online.wsj.com/news/articles/SB1000142405270230446560...](http://online.wsj.com/news/articles/SB10001424052702304465604579220003539640102)
(possibly behind a paywall so google news it).

And there it is:

[http://en.wikipedia.org/wiki/List_of_bills_sponsored_by_Bara...](http://en.wikipedia.org/wiki/List_of_bills_sponsored_by_Barack_Obama_in_the_United_States_Senate)
\-- Genomics and Personalized Medicine Act of 2006/2007.

------
coldcode
If you appear successful someone will sue you. If you do something new and
scary someone will sue you. If you have a clever name someone will sue you. In
the US you aren't someone until you've been sued.

~~~
cmsimike
That says a lot about the United States and it is all bad.

~~~
dm2
The right to sue isn't bad.

It's still up to the court/judge/jury whether or not the other person has a
valid argument.

~~~
TrainedMonkey
So patent trolling is not bad as long as trolls win? Good to know.

~~~
dm2
I think that patent trolling is bad.

My point was that it's good for people to have the right to sue companies or
other people.

What is the alternative? It seems like we would be giving up a huge freedom
and protection of personal property to be able to bring somebody to court or
negotiation to settle a dispute.

~~~
TrainedMonkey
Alternative would be to make losing side bear all litigation costs, baring
special circumstances. This way patent trolls will not be suing every company
on the web.

(And do something about Eastern Texas Judges as poster above mentioned.)

~~~
dm2
I don't think that would be considered an alternative.

I agree that the losing side should be made to pay litigation costs in many
cases, and in many they do.

To help mitigate the huge risk bringing a lawsuit in that situation, if the
losing side was suppose to bear all costs, there could be an insurance to
cover that.

I'm not sure who oversees judges in the east Texas situation but maybe there
should be more oversight and punishment of judges and court systems that
participate in corrupt activities, such as being paid in some way to rule in
favor of patent trolls. It's probably not easy to get sufficient evidence to
bring a case against a judge, but at least news articles like that help bring
it to the attention of the people that can do something about it.

------
adventured
Anyone know if it's still possible to purchase their DNA kits, despite the FDA
action? Looked around their site for a while and didn't see anything about the
product being unavailable (also couldn't find a contact us page).

------
geetee
Definitely will be opting-out of this one if it gains any traction.

------
chasing
Someone at 23andMe must've read an advance copy of "Without Their Permission."

