Attorney General John M. Formella announces that he, as part of a bipartisan coalition of 28 states, is filing a lawsuit on behalf of New Hampshire 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—seek to stop 23andMe from auctioning off the private genetic data of approximately 15 million customers to the highest bidder without those customers’ knowledge or consent.

“Genetic information is immutable and represents an individual’s unique identity. New Hampshire consumers have a right to control the use and sale of this highly sensitive information,” said Attorney General Formella. “Under New Hampshire law, 23andMe must obtain a consumer’s express, affirmative, and informed consent prior to any sale.”

23andMe, a popular direct-to-consumer DNA testing company, filed for bankruptcy in March of this year and is now attempting to sell off its assets—including sensitive genetic and health data—in a high-stakes auction. New Hampshire 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 type of information—biological samples, DNA data, health-related traits, and medical records—is too sensitive to be sold without each individual’s express, informed, and affirmative consent. New Hampshire consumers have both a common law and statutory right to control the transfer of their genetic information. If 23andMe is unwilling to obtain such consent prior to the sale, the information may not be legally sellable. In either case, the states aim to ensure that people’s genetic data is not misused, exposed in future data breaches, or used in ways customers never anticipated when they signed up for 23andMe’s health and ancestry services.

Also joining this lawsuit are the attorneys general of Arizona, Colorado, Connecticut, the District of Columbia, Florida, Illinois, Kansas, Kentucky, Louisiana, Maine, Michigan, Minnesota, Missouri, New Mexico, New York, North Carolina, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Utah, Vermont, Virginia, Washington, West Virginia, and Wisconsin.

Consumers may wish to proactively protect their own data by deleting their genetic information, requesting the destruction of their test sample, and revoking 23andMe’s authorization to share data with third-party researchers. See Attorney General Formella’s press release dated March 24, 2025, for more information on how to delete your account and request the destruction of your sample.

If you believe you have experienced consumer fraud, you may contact the Attorney General’s Office Consumer Protection and Antitrust Bureau at DOJ-CPB@doj.nh.gov or call 1-888-468-4454.