Vermont Business Magazine Attorney General Charity Clark joined a bipartisan coalition of 28 states in filing a lawsuit yesterday on behalf of consumers, objecting to the proposed sale of personal genetic information collected by 23andMe. The complaint and a separate objection to the bankruptcy sale, each filed in federal bankruptcy court, aim to stop 23andMe from auctioning off the private genetic data of roughly 15 million customers – including thousands of Vermonters – to the highest bidder without customers’ knowledge or consent.
“Genetic information is some of the most sensitive information a company can hold about a person,” Attorney General Clark said. “It’s incredibly personal and forever unchangeable. Vermonters’ genetic information shouldn’t be up for sale without their consent. I am taking action to make sure that Vermonters have the right to decide what happens with their genetic information.”
23andMe, a direct-to-consumer DNA testing company, filed for bankruptcy and is now seeking to sell off its assets—including sensitive genetic and health data—in a high-stakes auction. Vermont and other states filed this lawsuit to protect each customer’s right to control such deeply personal information and to prevent it from being sold like ordinary property.
The states argue that this kind of information—biological samples, DNA data, health-related traits, and medical records—is too sensitive to be sold without each person’s express, informed consent. If the parties that seek to buy that information from 23andMe are unwilling to provide such consent, it is possible that the information will be unable to be sold. In either case, the states will be helping ensure that people’s genetic data isn’t misused, exposed in future data breaches, or used in ways customers never contemplated when they signed up to have their DNA analyzed.
Joining Attorney General Clark in filing the 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, New York, North Carolina, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Utah, Virginia, Washington, West Virginia, and Wisconsin.
A copy of yesterday’s complaint and objection are linked.
Vermonters who have given their information to 23andMe but wish to have the company delete their information may still make that request by following these instructions.
6.10.2025. MONTPELIER, Vt. – Attorney General
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