23andMe DNA Testing Kit Class Action Settlement

Purchasers of a Personal Genome Service from 23andMe from a few years back can now claim benefits from a class action settlement.

Under terms of the settlement, qualifying purchasers of a PGS can claim either a cash payment or a certificate good toward the purchase of a Genetic Testing Kit from the 23andMe website.

23andMe is a company that offers personal genetic analysis through a home testing kit. Test results can give users a summary of their ancestry and genetic risk factors for certain medical conditions.

This 23andMe settlement resulted from a class action arbitration brought before the American Arbitration Association by claimants Karen Davis-Hudson and Sarah Diaz. The claimants allege 23andMe unlawfully misrepresented their products and services.

Statements on 23andMe’s website represented the PGS as providing “health reports on 254 diseases and conditions” such as cancer, coronary heart disease, and type 2 diabetes. The company marketed the PGS as a “first step in prevention” that would let users “take steps toward mitigating serious diseases.”

Diaz and Davis-Hudson claim 23andMe promoted the PGS as an effective method of making a medical diagnosis without having first getting medical device approval from the U.S. Food and Drug Administration.

Claimants point to a warning letter sent to 23andMe by the FDA in November 2013, in which the FDA ordered the company to stop publishing the health information component of its PGS. Their demand for arbitration raises claims for violation of several California consumer protection laws.

Several previous attempts at litigating these claims in court were consolidated into a single action, then dismissed in June 2014. U.S. District Judge Lucy Koh found that the plaintiffs in those cases had agreed to arbitrate claims against 23andMe when they signed up for an online account through the company’s website.

Class Members may submit an Election Form to tell the settlement administrator whether they want the certificate or the cash payment. Election Forms may be submitted online or by mail, email or fax. Class Members who do not submit an Election Form will receive a certificate by default.

Class Members who wish to be excluded from the settlement must submit a written request to the settlement administrator by Oct. 20, 2017. Those who want to object to the settlement’s terms must submit their objection to the American Arbitration Association by Oct. 20, 2017.

Who’s Eligible

Class Members include all U.S. residents who purchased a PGS between Oct. 16, 2007 and Nov. 22, 2013 for their own personal use.

Potential Award

$12.50 cash or $40 certificate.

Qualifying Class Members can claim either a cash payment of $12.50 or a $40 certificate toward the purchase of a new Genetic Testing Kit from 23andMe.

Known Class Members who do not submit a timely Election Form will receive a certificate by default.

Proof of Purchase

No proof of purchase is necessary.

Claim Form

CLICK HERE TO FILE A CLAIM »

Claim Form Deadline

12/6/2017

Case Name

Davis-Hudson and Diaz v. 23andMe Inc., Case No. 74-20-1400-0032, before the American Arbitration Association

Final Hearing

11/15/2017

Settlement Website

www.23andMeSettlement.com

Claims Administrator

23andMe Settlement Administrator
c/o Kurtzman Carson Consultants
P.O. Box 404000
Louisville, KY 40233-4000
1-866-645-6923
info@23andMeSettlement.com

Class Counsel

Patrick J. Sheehan
Alan M. Mansfield
WHATLEY KALLAS LLP

John Gravante III
PODHURST ORSECK PA

James H. McFerrin
MCFERRIN LAW FIRM LLC

Defense Counsel

James N. Kramer
Robert P. Varian
Alexander K. Talarides
Stephanie Albrecht
ORRICK HERRINGTON & SUTCLIFFE LLP