Technology Review

Biomedicine

Genetic Testing for Consumers Scrutinized

California's actions are likely just the beginning of a regulatory debate.

  • Monday, June 23, 2008
  • By Emily Singer

The deadline is up today for 13 personal-genomics companies that were sent cease-and-desist letters last week by the state of California. The companies, which offer genetic-testing services directly to consumers via the internet, will need to show that they are complying with state law. Most notably, they will need to prove that physicians order the tests.

These actions are likely just a hint of the regulatory battles to come. The direct-to-consumer testing market has boomed in the past year, thanks to a flood of studies linking specific genetic variations to disease, and also thanks to cheaper technologies to detect those variants. Along with that growth has come increasing scrutiny over how the medical information inherent in an individual's genetic information should be used and regulated. As the debate unfolds, scientists, regulators, and entrepreneurs will need to grapple with the central question of how to define this new breed of medical information, which falls short of being a diagnostic tool and, unlike risk factors such as cholesterol levels and blood pressure, is deeply personal and ultimately immutable.

"The current situation is reminiscent of Napster," says Steven Murphy, a physician and founder of Helix Health, a personalized-medicine practice in New York. "[That company] created a disruptive technology to share music, and the government wasn't prepared to deal with it. But just like with Napster, there's a fight coming, and [the personal-genomics companies] are going to lose."

The letters sent by the California Department of Public Health outlined two main state regulations: laboratories performing tests must be clinically licensed, and a physician's order is required for all clinical tests. The former is not likely to present a huge barrier. For example, Navigenics, a California-based company that offers a broad screen assessing risk for 18 diseases, outsources laboratory testing to Affymetrix, a California-based genomics technology company that is clinically certified in the state.

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The second requirement--that a doctor be involved in the process--highlights a more complex question that is likely to undergo extensive debate at both the state and the federal level: does the information provided by direct-to-consumer genetic-testing companies constitute medical information? At issue are novel services offered by three companies: Navigenics; 23andMe, another California-based startup; and DecodeMe, an offshoot of the Icelandic genetics company Decode. All three companies scan an individual's entire genome for specific genetic variations that have previously been linked to diseases, such as diabetes, macular degeneration, and breast cancer.

The idea is that someone at higher risk for an ailment, such as cardiovascular disease, can take steps to reduce it, perhaps by taking statins. Opponents argue that such testing has not proved clinically useful and is difficult for both consumers and doctors to interpret: these variations don't guarantee that the bearer will develop a disease. Proponents argue that genetic-risk information should be viewed just like any other risk information, such as high cholesterol levels, and that consumers have a right to that information.

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Shiladie

56 Comments

  • 1331 Days Ago
  • 06/23/2008

Disappointing

It is disappointing to see the knee jerk reactions to cutting edge practices.  I hope people will come to their senses and allow people to get the testing they want.  The anaology with napster is interesting, because the destruction of napster was followed soon after by an explosion of P2P filesharing.  Though it may not be a direct cause, the shutting down of genetic companies will just force them to go abroad and have their whole transaction process online.

Where there are people willing to pay for a service, other people will find a way to provide it...

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VCRAGAIN

37 Comments

  • 1331 Days Ago
  • 06/23/2008

Re: Disappointing

the real problem is not with consumers who are actually ENTITLED to the information on their own bodies - but those who would love to get their hands on it - namely the Insurance companies who WOULD use it against us if they could - after all they have attorneys working for them whose SOLE objective is to find a way to DENY a claim, if they can find ANY REASON - herein may be just another excuse  !!

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b4b2

9 Comments

  • 1331 Days Ago
  • 06/23/2008

Re: Disappointing

Yeah, I agree that insurance companies are looking for every possible way to rip off their customers, but the recently passed genetic non-discrimination act

http://www.technologyreview.com/blog/editors/22063/

ensures that insurance companies cannot raise a customer's rates simply based on their genetic predisposition to a certain condition. This opened the doors for people to get genetic testing without the fear of higher insurance rates.
I would hope that a similar ruling will eventually come into play concerning these issues as well.

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Guest (jeep1104)

  • 1331 Days Ago
  • 06/23/2008

Prohibited Information

I have several home medical reference books on my bookshelf.  I may misuse them.  I hope California doesn't come take them from me.  But I bought them with cash, so they will not be able to issue an injunction to the bookstore for selling home medical references.

Information wants to be free.  Even dubious information.

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dglen

1 Comment

  • 1330 Days Ago
  • 06/24/2008

Your genetic code belongs to you

Your genetic code belongs to you. If you want to have it read, it is your free choice. Prohibition will only delay the technology and will promote unscrupulous illegal testing.

If the US blocks this testing, they will fall behind in the race that holds the key to the future of humanity.

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ajh20

11 Comments

  • 1329 Days Ago
  • 06/25/2008

my DNA my information

"They're going to lose"

I don't think so.  We don't live in China...in any instance we've see conflict between an individuals right to know and the government...the individual has won out in the US (thankfully). 

In any case these companies can just move overseas and get away from the regulation. 

http://brokenscience.com/2008/06/17/california-state-heath-department-go-fuck-yourself/

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monkley

1 Comment

  • 1322 Days Ago
  • 07/02/2008

Missing the point

People seem to forget that main issue here is not an individual's right to have their DNA analysed, but that the companies that are offering this service are claiming that they can predict an individual's chance of developing disease. In the most part no one has the knowledge to do this at the moment.

False expectations are raised by the marketing strategies of these companies.

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