According to Forbes, a class action lawsuit has been filed in California against the genetic testing company 23andMe after the US Food and Drug Administration (FDA) issued a warning letter.
The FDA warning letter to the company said that it was marketing its product “without marketing clearance or approval in violation of the Federal Food, Drug and Cosmetic Act (the FD&C Act).”
23andMe markets itself as a genetic testing option, giving customers “health reports on 254 diseases and conditions,” including categories such as diabetes, coronary heart disease and breast cancer. The company sells the Saliva Collection Kit and Personal Genome Service (PGS) through its website.
However, the FDA said in its warning letter to the company that most of the advertised uses for the product, including health reports, have not been classified or verified. In addition to the warning letter, the FDA has ordered the company to stop the marketing of its products.
The plaintiff filing the class action lawsuit alleges that 23andMe committed several acts as a “common scheme to induce members of the public to purchase the PGS by means of misleading, deceptive and unfair representations.”
When a company sells a product or service that is misrepresented through advertising and marketing efforts, it should be held liable.
If you have questions concerning your legal rights or interests when it comes to class action litigation, please contact Gary S. Graifman, Esq., at Kantrowitz, Goldhamer & Graifman, P.C., at 1-(800) 711-5258, or send us an email or fill out the contact form on our website.
Kantrowitz, Goldhamer & Graifman, P.C. – Class Action Lawyers