June 10 (Reuters) - New York and more than two dozen
other U.S. states sued 23andMe to challenge the sale
of its customers' private information after the genetic testing
company filed for bankruptcy in March.
Twenty seven states, including Pennsylvania, Michigan and
Florida, and the District of Columbia filed the lawsuit on
Monday in 23andMe's U.S. bankruptcy proceedings in Missouri,
seeking a declaration that it cannot sell customers' genetic
data without their consent.
California-based 23andMe in a March bankruptcy filing said
it was seeking to sell its business at auction after a dip in
consumer demand and a data breach in 2023 that exposed genetic
and other information of millions of customers.
The sale will include more than 15 million DNA profiles that
were collected through the company's direct-to-consumer
saliva-testing kits.
"23andMe cannot auction millions of people's personal
genetic information without their consent," New York Attorney
General Letitia James, a Democrat, said in a statement on
Tuesday. "New Yorkers and many others around the country trusted
23andMe with their private information and they have a right to
know what will be done with their information."
23andMe in a statement said the states' arguments were
without merit, and that the sale is permitted under 23andMe
privacy policies and applicable law. "Customers will continue to
have the same rights and protections in the hands of the winning
bidder," the company said.
In a separate filing, Democratic California Attorney General
Rob Bonta's office on Monday said the state was objecting to the
proposed asset sale because it would violate California's
restrictions on the transfer of sensitive genetic material.
23andMe last week told a U.S. bankruptcy judge that it wants
to re-open bidding on its assets after receiving a $305 million
offer from its co-founder Anne Wojcicki.
The company had previously selected a $256 million bid from
Regeneron Pharmaceuticals ( REGN ) as the lead offer. A
representative from Regeneron did not immediately respond to a
request for comment.