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FDA has warned 23andMe that it is violating federal law by marketing its Saliva Collection Kit and Personal Genome Service without the agency’s approval. In a Nov. 22 letter, FDA stated that most of the intended uses for the kit, as advertised on the company’s website, are medical device uses and thus require premarket approval. A direct-to-consumer genetic testing firm, 23andMe markets its service as providing “health reports on 254 diseases and conditions,” including carrier status, health risks, and drug response, and as a first step in preventing diseases such as diabetes, coronary heart disease, and breast cancer. FDA is concerned about the false-positive and false-negative rates of the tests. The company must immediately stop marketing its kit and service or face the possibility of seizure, injunction, and civil money penalties.
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