23andMe’s Saliva Kits

November 2017: An arbitrator granted final approval of the settlement.

August 2017: An arbitrator preliminarily approved a settlement agreement that would resolve the claims in this consolidated federal action, as well as four arbitrations. To read the February 2016 Demand for Class Arbitration, click here.

According to the settlement terms, class members may receive either $12.50 in cash for each Personal Genome Service purchased, or a certificate to use toward the purchase of a Genetic Testing Kit.

A final approval hearing is scheduled for November 15, 2017. For more information, go to http://www.23andmesettlement.com/. (Davis-Hudson et al v. 23andMe, Inc., AAA Case No. 74-20-1400-0032, American Arbitration Association)

August 2016: The Ninth Circuit Court of Appeals found the arbitration agreement valid and enforceable. Click here to read the full court order and here to read the October 2016 amended opinion.

July 2014: Plaintiffs filed a Notice of Appeal regarding the June 2014 dismissal order.

June 2014: A federal judge dismissed a class-action lawsuit against 23andMe. The complaint, which was originally filed in 2013, claimed that the company falsely advertises that the 23andMe DNA Saliva Collection Kit/Personal Genome Service can provide consumers with, among other things, reports on over 240 conditions and genetic traits without scientific evidence to support such claims and without FDA approval. The judge dismissed the lawsuit finding that when plaintiffs agreed to the Terms of Service, they agreed to arbitrate disputes (i.e., use an arbitrator to settle disputes). The lawsuit was dismissed without prejudice, meaning that plaintiffs can refile the complaint. (Tompkins et al v. 23andMe, Inc., Case No. 13-cv-05682, N. D. CA.).

For more information about other class-action lawsuits against 23andMe and TINA.org’s coverage of the company, click here.


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