July 8 (Reuters) - A U.S. district judge put on hold the
bankruptcy sale of genetic testing company 23andMe late on
Monday, giving California three days to make its case that the
sale should remain blocked during an appeal related to the
state's genetic privacy law.
California failed to convince a bankruptcy judge to stop the
sale earlier on Monday, but U.S. District Judge Matthew Schelp
in St. Louis ordered a brief pause following California's appeal
of that ruling. Schelp scheduled a Thursday court hearing to
determine if a longer pause is warranted in the case.
23andMe, which filed for bankruptcy in March, is selling its
assets to TTAM Research, a new nonprofit founded by 23andMe
co-founder Anne Wojcicki, for $305 million.
23andMe, TTAM and California did not immediately respond to
a request for comment.
California argues the sale violates the state's Genetic
Information Privacy Act, which prohibits the transfer and
disclosure of genetic data or biological samples to third
parties, including TTAM Research, without express permission for
each transfer. California consumers represent about 1.8 million
of the approximately 10 million genetic profiles in 23andMe's
inventory, according to California's court filings.
U.S. Bankruptcy Judge Brian Walsh had overruled California's
objection, and similar objections from other states opposed to
the sale on June 27. He said Monday that California customers
would not be harmed because they retained the right to delete
their genetic data even after the sale is complete.
TTAM has said it would continue to protect customers'
genetic data and maintain 23andMe's privacy policies, including
customers' right to delete their data. Wojcicki was 23andMe's
CEO before its bankruptcy filing, and her new nonprofit's name
is an acronym formed from the first letters of the words
"twenty-three and me."
23andMe filed for bankruptcy after a drop-off in consumer
demand and a 2023 data breach that exposed millions of
customers' genetic data.
The case is California v. 23andMe Holding Co. ( MEHCQ ), U.S. District
Court for the Eastern District of Missouri, No. 25-cv-0099
For California: Bernard Eskandari and Daniel Nadal of the
Office of the Attorney General of California
For 23andMe: Christopher Hopkins and Paul Basta of Paul
Weiss, among others
Read more
California fails to stop 23andMe founder from re-acquiring
company
23andMe's founder Anne Wojcicki wins bid for bankrupt DNA
testing firm
DNA testing firm 23andMe files for bankruptcy as demand
dries up
(Reporting by Dietrich Knauth in New York)