A recent lawsuit filed against 23andMe has revealed that the company has violated federal and state laws by making health claims about their product that are not backed by scientific evidence. The company’s marketing tactics promote false promises about health risks and incomplete health risk assessments, which could lead consumers to make harmful choices. The company should stop making these claims and address the underlying problems with its products. The company should also pay consumers for the privacy rights they were promised by their product.
23andMe
A new lawsuit has been filed against the genetic testing service 23andMe by Celmatix, Inc., an American company that is leading the way in reproductive medicine and fertility. The suit seeks $100 million in damages and declaratory relief from 23andMe. The suit states that 23andMe violated the parties’ contract and engaged in tortious interference with the company’s efforts to raise capital. If you have questions about the lawsuit, see below.
In its lawsuit, 23andMe has acknowledged that it failed to provide accurate statistics to consumers regarding their genetic profiles. The company had promised to share these statistics with the FDA but has failed to do so. The company has also come under fire for collecting genetic data and selling it to researchers without disclosing the results. Other consumers claim that 23andMe has lied about the benefits of their test, and the company has been sued by these customers.
Ancestry
The Ancestry lawsuit against 23 and me cites several claims that it did not honor. First, Ancestry ran a perpetual sale on its $99 and $79 DNA tests. The company misled consumers into believing that the sale would always be valid. Second, Ancestry’s claims do not show the website stopped using misleading statements. Regardless, the lawsuit may go further than that. The key question remains: what is the truth?
Ancestry’s complaint makes a strong case for its claim that the website failed to comply with Rule 9(b). Ancestry’s emails, which are filed under seal, cite numerous examples of fraudulent practices. While the company did not specifically deny that they were not able to comply with the terms of their website, they do not allege any specific fraud. As such, the court has not ruled on this claim.
FDA
A 23 and my lawsuit against the FDA is in the works. The FDA has been warning 23andMe about false test results. The company had failed to get FDA approval for marketing its product. The FDA raised concerns about false reports on breast cancer and ovarian cancer. These false results could lead people to take unnecessary action. The FDA says it is concerned about the public health consequences of inaccurate results. In addition, the company should provide proof of its methods and error rates for the personal genome service.
The lawsuit against 23andMe claims that the company violated the FDA’s regulations by marketing its genome service without the necessary regulatory approval. The company failed to conduct clinical and analytical tests, and the results are not valid. Furthermore, the company promoted false claims about its Personal Genome Service and drug response, which can lead people to make harmful choices. This is the basis of the lawsuit. This lawsuit is pending in U.S. District Court in San Diego.
Bianca Voss
The plaintiff in Bianca Voss’s lawsuit alleges that her daughter took a 23andMe DNA test and discovered that her biological father was Martin Greenberg. Greenberg inseminated Voss in the 1980s and later became a prominent fertility doctor in New York. Bianca Voss’s daughter, Roberta, also bought a 23andMe DNA kit and learned that her biological father is Greenberg.
Greenberg subsequently was barred from performing surgery in New York. In 2010, he agreed to a non-disciplinary order barring him from performing any further procedures in New York. But he never told Roberta Voss about his family’s medical history. The Voss family, who were unsure of Greenberg’s involvement, were not satisfied with the treatment. Now, they’re using 23andMe for $75,000, claiming Greenberg deprived them of their daughter’s health.
Karen Davis-Hudson
In the Karen Davis-Hudson, 23 and Me lawsuit, the plaintiff claims that the company misrepresented its products and services, and did not disclose the risks or limitations of the PGS. The plaintiff further claims that 23andMe failed to obtain FDA approval for the PGS and promoted the product without the requisite medical device approval. 23andMe was issued a warning letter in November 2013 by the FDA, ordering it to stop publishing the health information component of the PGS. The plaintiffs also assert claims involving the breach of California consumer protection laws.
In June 2014, U.S. District Judge Lucy Koh dismissed the lawsuits, finding that plaintiffs had agreed to arbitrate their claims when they signed up for the company’s online account. Plaintiffs must complete an Election Form, which can be submitted online, by mail, or via fax. Alternatively, they can submit their lawsuit by mail or fax. After completing the Election Form, plaintiffs must submit their complaints to the company.
Sarah Diaz
The California federal judge has rejected the petitioner 23andMe’s attempts to avoid a class-wide arbitration proceeding and to reverse an arbitrator’s decision. This decision came after a class-action arbitration hearing in which the claimants claimed 23andMe misrepresented its services and products. Among other things, 23andMe promoted its PGS without obtaining approval from the FDA. The company was ordered to stop publishing the health information component of its PGS in November 2013, as a result of the complaint. The lawsuit also raises claims under California consumer protection laws.
During the arbitration, the plaintiffs sought to appoint a third arbitrator to decide the case. They argued that the second arbitrator was not qualified to determine whether class arbitration is appropriate in this case and that the court should determine which award best represents the parties’ intentions. 23andMe argued that the Second Award violated the FAA and was irrational and that it failed to take into account controlling precedent, including the Jewell decision.