CONCORD, NH – As part of a bipartisan coalition of 28 states, NH Attorney General John Formella announced he is filing a lawsuit on behalf of New Hampshire consumers, objecting to the proposed sale of personal genetic information collected by 23andMe. The complaint and a separate objection to the bankruptcy sale, each filed in federal bankruptcy court, aim to stop 23andMe from auctioning off the private genetic data of roughly 15 million customers to the highest bidder without customers’ knowledge or consent.
“Genetic information is immutable, representing an individual’s unique identity. New Hampshire consumers have a right to control the use and sale of this highly sensitive information,” said Attorney General Formella. “Under New Hampshire law, 23andMe must obtain the consumer’s express, affirmative, informed consent prior to any sale.”
23andMe, a popular direct-to-consumer DNA testing company, filed for bankruptcy in March of this year and is now seeking to sell off its assets—including sensitive genetic and health data—in a high-stakes auction. New Hampshire and other states 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 states argue 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 affirmative consent. New Hampshire consumers have both a common law and statutory right to control the transfer of their genetic information. If 23andMe is unwilling to obtain such consent prior to the sale, it is possible that the information will be unable to be sold. In either case, the states 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 for 23andMe health and ancestry service.
Also 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 Mexico, New York, North Carolina, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin.
Consumers may wish to proactively protect their own data, including deleting their genetic data, requesting the destruction of their test sample, and revoking authorization to 23andMe to share access with third-party researchers. See Attorney General Formella’s press release dated March 24, 2025 for further information about how to delete your account and request to destroy your test sample.
If you feel you have experience consumer fraud, you can contact the Attorney General’s Office Consumer Protection and Anti-trust Bureau (DOJ-CPB@doj.nh.gov or call 1-888-468-4454).
The court paperwork is below: