Court Rules
All enforcement actions
Enforcement ActionLow RiskMultistate

CT AG Coalition Challenges 23andMe's Genetic Data Sale in Bankruptcy

23andMeJune 9, 2025Connecticut Attorney General

Consumers Affected

15,000,000

Summary

Connecticut joined a coalition of 28 attorneys general to object to 23andMe's proposed sale of genetic data in bankruptcy without customer consent. The states argue such sensitive information requires express consent and cannot be sold like ordinary property. Attorney General Tong also advised consumers to delete their data and genetic samples.

Remedy

The states seek to block the auction and ensure genetic data isn't sold without each person's express, informed consent. They also urge consumers to delete their data.

Injunction

Contract Impact

In-house legal teams should review contracts for clauses related to the sale of personal data in bankruptcy proceedings, especially regarding sensitive biometric and genetic information. Ensure contracts require explicit consent for data sharing and include robust data deletion and security provisions. Check compliance with state privacy laws like CTDPA regarding opt-out rights and consent revocation.

Contract Search Terms

genetic data salebiometric consentdata deletion rightsopt-out mechanismbankruptcy asset salesensitive data protectionCTDPA complianceresearch consent revocation

Laws Cited

CTDPA

Violation Types

Entity Details

Entity

23andMe

Industry

Healthcare

Multistate Coalition

Official Sources

Source Evidence

Entity Name
"23andMe, a popular direct-to-consumer DNA testing company"
Violation Types
"auctioning off the private genetic data of roughly 15 million customers to the highest bidder without customers’ knowledge or consent"
Laws Cited
"Under the CTDPA, Connecticut consumers have the right to access, obtain, correct, and delete personal data collected about them under certain circumstances."
Consumers Affected
"roughly 15 million customers"
Summary
"23andMe collected the most sensitive genetic data imaginable from millions of Americans. They failed to safeguard that data, and now they propose to auction it to the highest bidder, with no security or privacy assurances."

Related Enforcement Actions

CT

23andMe

Connecticut Attorney General William Tong submitted testimony in support of genetic privacy legislation that would grant residents exclusive control over their DNA and genetic data. The legislation is inspired by his office's investigation into 23andMe's data breach affecting over six million customers and the company's subsequent bankruptcy. The bill requires express consent for DNA use, imposes security measures, and prohibits marketing use of DNA.

TX

23andMe

Texas Attorney General Ken Paxton filed a lawsuit in the 23andMe bankruptcy case to prevent the sale of Texans' genetic data without proper consent. The action seeks to confirm Texans' property rights over their genetic information under the Texas Data Privacy and Security Act and the Texas Direct-to-Consumer Genetic Testing Act. The AG argues that 23andMe's proposed asset sale would violate Texas law requiring separate express consent for disclosure of genetic information.

TX

23andMe

Texas Attorney General Ken Paxton filed a motion to appoint a Consumer Privacy Ombudsman in the Chapter 11 bankruptcy case of 23andMe to protect the sensitive genetic and personal data of Texans. The genetic testing company seeks to sell assets that may include genetic data, health information, and personally identifiable information. The AG's office is also informing Texans of their rights under Texas law to request deletion of their data and genetic samples.

CT

U.S. Food and Drug Administration (FDA)

On May 11, 2026, Connecticut Attorney General William Tong led a bipartisan coalition of 21 attorneys general in submitting a comment letter to the U.S. Food and Drug Administration (FDA) urging the agency to abandon draft guidance that would ease approvals for flavored e-cigarette products. The coalition argues the guidance ignores evidence that flavored e-cigarettes disproportionately drive youth addiction and that FDA has failed to enforce existing authorization requirements for e-cigarette products. The letter references past tobacco and e-cigarette enforcement actions, including the 1998 tobacco master settlement agreement and the 2022 $438.5 million settlement with JUUL Labs.

CT

Bad actor platforms

Connecticut’s legislature passed House Bill 5312, creating new civil enforcement mechanisms for deepfake digital sexual assault, including unauthorized dissemination of synthetically created intimate images and AI-generated child pornography. The bill establishes a private right of action for victims and empowers the Connecticut Attorney General to pursue civil injunctions and penalties against abusers and platforms hosting illegal content. This builds on prior Connecticut laws criminalizing unauthorized intimate image dissemination.

CT

None

Connecticut Attorney General William Tong praised final passage of House Bill 5312, which creates new civil enforcement mechanisms for deepfake digital sexual assault. The legislation allows the AG to pursue civil injunctions and penalties against platforms that disseminate illegal synthetic intimate images, including AI-generated child pornography, and establishes a private right of action for victims. The bill builds on prior Connecticut laws criminalizing unauthorized dissemination of intimate images.