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AG Nessel Enters Multistate Legal Fight to Protect Genetic Information in 23andMe Bankruptcy Case

LANSING – Michigan Attorney General Dana Nessel today announced she is joining a bipartisan coalition of 28 states in filing a lawsuit (PDF) on behalf of consumers, objecting to the proposed sale of personal genetic information collected by 23andMe. The complaint and a separate objection to the bankruptcy sale (PDF), each filed in federal bankruptcy court on June 9, 2025, aim to stop 23andMe from auctioning off the private genetic data of roughly 15 million customers to the highest bidder without the customers’ knowledge or consent.

"Our personal and sensitive genetic data should never be sold to the highest bidder without our explicit consent,” Nessel said. “I am proud to join my colleagues in challenging this deeply concerning sale and remain committed to protecting the privacy of Michigan residents.”

23andMe, a popular direct-to-consumer DNA testing company, filed for bankruptcy and is now seeking to sell off its assets—including sensitive genetic and health data—in a high-stakes auction. Attorney General Nessel and the coalition filed this lawsuit to protect each customer’s right to control such deeply personal information and to prevent it from being sold like ordinary property.

The coalition argues that this kind of information—biological samples, DNA data, health-related traits, and medical records—is too sensitive to be sold without each person’s express, informed consent. If the parties that seek to buy that information from 23andMe are unwilling to provide such consent, it is possible that the information will be unable to be sold. In either case, the coalition will be helping ensure that people’s genetic data isn’t misused, exposed in future data breaches, or used in ways customers never contemplated when they signed up to have their DNA analyzed.

Attorney General Nessel recently issued a consumer alert on genetic testing services informing residents on how to protect their sensitive personal data. To prevent unauthorized access or misuse of their data, account holders should: 

  1. Take steps to delete their account from the company’s website.
  2. Request the destruction of their genetic data.
  3. Revoke permission for genetic data to be used in research, if applicable.

Joining this lawsuit are the attorneys general from Arizona, Colorado, Connecticut, the District of Columbia, Florida, Illinois, Kansas, Kentucky, Louisiana, Maine, Michigan, Minnesota, Missouri, New Hampshire, New Mexico, New York, North Carolina, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Utah, Vermont, Virginia, Washington, West Virginia, and Wisconsin.

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