Connecticut Attorney General William Tong has joined a bipartisan coalition of 28 attorneys general in a two-pronged legal effort to prevent bankrupt genetic testing company 23andMe from selling the personal genetic data of more than 15 million customers as part of its bankruptcy proceedings, according to a statement from his office.
On June 9, the coalition filed both a formal objection to the proposed asset sale and a separate adversary complaint in U.S. Bankruptcy Court in Missouri. Together, the filings argue that genetic and health information — such as DNA sequences, ancestry profiles, and stored saliva samples — cannot legally be sold like ordinary property without each individual’s informed consent.
“23andMe collected the most sensitive genetic data imaginable from millions of Americans. They failed to safeguard that data, and now they propose to auction it to the highest bidder, with no security or privacy assurances,” said Tong. “It is not too late to delete your data and genetic samples.”
The objection
challenges the fairness and legality of transferring these assets to companies like biotech firm Regeneron, the current lead bidder, or TTAM Research Institute, a nonprofit backup bidder. The filing cites the permanent, uniquely identifying nature of DNA and warns of future risks if the data is used for undisclosed purposes or inadequately secured.
The complaint
, filed as a separate legal action within the bankruptcy case, seeks a declaratory judgment confirming that genetic data cannot be sold without explicit consumer consent. It argues that such a sale would violate common law rights, consumer protection statutes, and privacy laws across multiple states.
According to court documents, more than 10 million customers opted into 23andMe’s biobank program, and 8.5 million consented to research use of their data. The coalition argues that many of these users signed up under earlier versions of 23andMe’s privacy policy, which explicitly stated that their data would not be sold—language that was removed in June 2022.
“Genetic data is fundamentally different from other types of personal information—it’s uniquely identifiable, immutable, and can reveal information about not just one person, but their relatives,” said New York Attorney General Letitia James in a statement. “It should never be treated like a tradable asset.”
The filings also raise concerns about the nonprofit status of
TTAM Research Institute
, noting that several state privacy laws exempt nonprofits from oversight—potentially reducing consumer protections if TTAM becomes the buyer.
Connecticut’s filing invokes the Connecticut Data Privacy Act, which gives residents the right to access, delete, and opt out of the sale of personal data. Consumers also have the right to revoke consent for research participation and request destruction of stored biological material.
A 2023 data breach
exposed the personal information of 6.9 million 23andMe users through compromised login credentials, triggering national scrutiny and multiple lawsuits. In September 2024, the company settled one class action for $30 million, with compensation focused on residents of states with genetic privacy laws. According to the suit, the company failed to protect user data and didn’t notify certain users — particularly those with Chinese or Ashkenazi Jewish ancestry — that their genetic information was specifically targeted.
The company
filed
for Chapter 11 bankruptcy in March 2025 following a decline in revenue, regulatory challenges, and reputational damage. A final sale hearing is scheduled for June 17 in St. Louis.
To date, roughly 1.9 million users have deleted their data, according to 23andMe filings. Consumers still wishing to remove their information can log into their 23andMe accounts, navigate to account settings, and select “Permanently Delete Data.” Options are also available to withdraw research consent and request destruction of stored samples.
To permanently delete your genetic data:
To destroy your stored saliva sample:
Go to Settings → Preferences and update your sample storage settings to request destruction.
To withdraw research consent:
Visit Settings → Research and Product Consents to revoke permission for your genetic data to be used in research.
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