Attorney General James Sues 23andMe to Protect New Yorkers’ Genetic Data

NEW YORK – New York Attorney General Letitia James and a bipartisan coalition of 27 other attorneys general filed a lawsuit against 23andMe to protect Americans’ personal genetic information. 23andMe collected and analyzed people’s genetic code, and in March 2025 the company filed for bankruptcy and announced plans to sell its assets. The attorneys general argue that 23andMe cannot auction 15 million customers’ highly sensitive personal genetic information without their consent or knowledge. Attorney General James and the coalition are objecting to 23andMe’s sale of people’s genetic data to ensure that it isn’t misused, exposed in future data breaches, or used in ways customers never contemplated when they signed up to have their DNA analyzed.

“23andMe cannot auction millions of people’s personal genetic information without their consent,” said Attorney General James. “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. My office is joining 27 other attorneys general to protect people’s most private information and to make sure 23andMe abides by the law.”

23andMe, a popular direct-to-consumer DNA testing company, filed for bankruptcy in March 2025 and is now seeking to sell off its assets, including sensitive genetic and health data. The attorneys general argue that this kind of information, along with biological samples, DNA data, health-related traits, and medical records, is too sensitive to be sold without each customer’s express, informed consent. The coalition asserts that the company and its debtors must comply with states’ laws on the sale or transfer of genetic data. In March 2025, Attorney General James issued a consumer alert urging New Yorkers to contact the company to delete their personal data and destroy any samples of genetic material held by the company.

Joining Attorney General James in filing this lawsuit are the attorneys general from Arizona, Colorado, Connecticut, the District of Columbia, Florida, Illinois, Kansas, Kentucky, Louisiana, Maine, Michigan, Minnesota, Missouri, New Hampshire, New Mexico, North Carolina, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Utah, Vermont, Virginia, Washington, West Virginia, and Wisconsin.