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Should the FDA regulate consumer genetic tests?

By | March 8, 2011, 9:03 AM PST

You’ve surely heard about them: genetic tests that you can order online that, with one swipe of a cotton swab in your cheek, can tell you more than you ever dreamed of about where your family originated and what types of diseases for which you may carry elevated risk.

The U.S. Food and Drug Administration is reportedly evaluating whether to regulate these tests and if to regulate certain tests differently from others, depending on what they’re designed to reveal.

Consumer genetic tests have been growing in popularity in recent years as the technology for them gets cheaper and cheaper. Once more than $1,000 for a single test, the kits can now be had for as little as $99 from outfits such as 23andMe, Navigenics and DeCodeMe.

In April, the rubber hit the road: Pathway Genomics struck a deal with pharmacy king Walgreens to distribute their product in more than 6,000 stores. (The firm has since stopped selling tests to consumers.)

Now, Reuters reports that the FDA is wondering how much of a role it should play in the practice, specifically for those tests that have health implications, versus ancestry information.

The worry: that the limitations of the test kits aren’t clear enough, or that information about health risks fir diseases such as Parkinson’s, Huntington’s or certain types of cancer may lead to consumers taking medical action on their own without first consulting a doctor.

An advisory panel meeting is scheduled for today and tomorrow, during which the FDA will ask outside experts to evaluate whether there’s value in placing tests into different categories: those that look for inherited disease, those that predict the risk of future disease and those that predict response to specific drug treatments.

Plus, the most fundamental of concerns: just how accurate must these tests be for their claims to be verified? How can you tell if these companies are selling snake oil?

Currently, over-the-counter genetic tests carry disclaimers stating that they are for “educational and informational” purposes only. Is it enough to protect Americans?

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Andrew Nusca

About Andrew Nusca

Andrew Nusca is the editor of SmartPlanet.

Andrew Nusca

Andrew Nusca

Editor

Andrew Nusca is editor of SmartPlanet and an associate editor for ZDNet. Previously, he worked at Money, Men's Vogue and Popular Mechanics magazines. He holds degrees from the Columbia University Graduate School of Journalism and New York University. He based in New York but resides in Philadelphia.

Follow him on Twitter.

Andrew Nusca

Andrew Nusca
Andrew Nusca does not hold any investments in the companies he covers.
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0 Votes
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RE: Should the FDA regulate consumer genetic tests?
Why should we want the FDA to regulate these tests? So they can double in price overnight? That would be the end result.

If you take a test and it is wrong you soon find another place to buy from. We are adult enough to police the businesses that would sell these ourselves.
Posted by IMWeira
8th Mar 2011
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RE: Should the FDA regulate consumer genetic tests?
Yes, please let the FDA step in and enforce common sense rules. Let them monitor accuracy, require quality and make sure consumers don't get tests that can diagnose things the "Average Joe" can "self medicate" for.

They could regulate the sales so that, you can obtain them by prescription much like the drugs used to treat them, or just give them over to the doctors and just make it cheap for clinics and medical professionals to administer these genetic tests.

Any test the FDA deems as safe for "over the counter" distribution would need to include messages on the packaging, and in the results that say as they do now: "For educational and informational purposes only" as well as instructions for how to approach a medical professional about it if the test confirms something. (A test outcome that proves something is medically wrong, or will be medically wrong in the future)
Posted by ZazieLavender
8th Mar 2011
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RE: Should the FDA regulate consumer genetic tests?
@IMWeira Honestly health is a topic you shouldn't tangle with lightly. Things like this if left unregulated, could cause mass hysteria. I say we leave things like this to a doctor who knows when to say "Oshit" at the proper things. XD
Posted by ZazieLavender
8th Mar 2011
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RE: Should the FDA regulate consumer genetic tests?
The article asks a rhetorical question. The real question should read:
"How soon will it be before the FDA (most likely with Homeland Security oversight) regulates every aspect of consumer genetic testing in the United States?"
Posted by tonyv414
8th Mar 2011
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RE: Should the FDA regulate consumer genetic tests?
Not only should the FDA stay to hell out of this, the FDA should be
abolished. It is nothing but a lapdog for the pharmaceutical industry.
Posted by Rodo1
8th Mar 2011
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RE: Should the FDA regulate consumer genetic tests?
The first question that should be answered is -- Should the product be regulated? What harm comes to the public if it is NOT regulated? Many of the comments so far suggest some concerns, but what is the absolute health risk here? If the risk is low should the product still be regulated?

Once that question is answered and it seems appropriate to regulate the product, then you can decide who (if any agency) has the resources to effectively regulate it. It's a "medical" product, so it's likely that FDA would be the logical agency, but has Congress give that agency enough resources to effectively regulate the product???? Good luck with that one!

If you select another agency and Congress gives that agency new resources to effectively regulate the product, what does that mean for the cost-effectiveness of the regulation? What increase in confusion and bureaucracy does that portend?

Good luck!
Posted by regross@...
8th Mar 2011
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RE: Should the FDA regulate consumer genetic tests?
First off who regulates the FDA? The FDA is no more than a private company who's only interest is taking care of the company that gives them "CEO's" the most kickbacks. Now let's look at the people running the FDA. Everyone of them has ties in one way or another to the pharmaceutical business or Monsanto! They are no more than paid "hit people". They have no feelings for you or me and if they need to kill you to make a profit, so be it!

We are in serious trouble!
Posted by forwhomthebellstoll
8th Mar 2011
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RE: Should the FDA regulate consumer genetic tests?
The worry shouldn't be whether or not the tests are accurate, or if people will "self medicate" (try giving yourself chemo treatments). The worry should be what the FDA will do with the data they collect on people. Imagine the day when insurance companies have access to your DNA results...
Posted by Jeffp77
8th Mar 2011
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RE: Should the FDA regulate consumer genetic tests?
They should be regulated. If you don't regulate them, then they will proliferate with cheap, poorly done and of little value. One post above said if you get a bad DNA reading, they you will go elsewhere. But how do you know you have a bad/wrong DNA test?

Would you send blood tests to a non-certified laboratory? Definitely not!

Would you send a potentially cancer biopsy to a non-certified lab? Definitely not.

Would you go to a pharmacist that is not licensed? Definitely not.

Would you send a DNA test to a non-certified laboratory? Definitely not.


Then you try to make decisions based on bad laboratory results? Like the California forensics lab where the lady could not be bothered, did a horrible job, and caused over 1000 convictions to be overturned. Imagine all the minimum wage people you can hire, and you too could open your own DNA testing business in you house!

There are too many people who think DNA can do more that it can, and jump to non-researched conclusions based on basically rumors and popular conclusions that are just plain wrong. If it worth doing, it's worth doing right.
Posted by dwsimpso
8th Mar 2011
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About a dozen years ago...
...the FDA was wishing to regulate those home drug test kits; the
kind a concerned parent might use to verify that their kids are not
using some form of illegal substance.

At the time, the FDA's rationale for regulation was not that there
was some medical hazard in using the kids, but that they wished
to prevent "family discord". This definitely wasn't in the name of
health, but an attempt at social policy directed against parents
actually acting as parents.

If the FDA wishes to regulate these in the name of quality control
or "public safety". That's fine. But do we really want the
government denying us information on our own health?
Posted by JohnMcGrew@...
8th Mar 2011
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Snake Oil
The reason that the FDA should regulate DNA tests is to prevent fraud by businesses who have sloppy labs or merely pretending to have a lab. On the fringes of the health care industry are people selling quack medicines for problems like baldness to wrinkle creams that don't work.

Another good reason is how the results are to be used. There are legitimate tests for genetic disorders that can help people prepare for a possibility of getting a particular disease (diabetes, Huntington's Chorea and others) and there are the phony tests that pretend to be meaningful but can lead someone to a wrong conclusion about a possible disease.

Another concern is privacy. If you have a DNA test to see if you are suseptible to a genetic disease then you may not want your insurance company to set your premiums higher because you took the test regardless of the outcome of the test.
Posted by sboverie
8th Mar 2011
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There always needs to be regulation
There always needs to be regulation where profit is involved especially involving healthcare and companies looking to cash in on the paranoia about health.

after all look how many people fall for Homeopathy.
Posted by NoSacredCow
8th Mar 2011
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RE: Should the FDA regulate consumer genetic tests?
Since genetics are neither food nor drugs maybe the FDA should mind it's business.
Posted by jrd417
8th Mar 2011
0 Votes
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What's in a name?
The FDA also regulates medical devices such as pacemakers and hip implants.

As John said in #10 if they are regulating to insure quality control and that the consumers are not getting ripped off then that's a good thing.
Posted by riverat1
8th Mar 2011
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RE: Should the FDA regulate consumer genetic tests?
Is it not the FDA's job to do that anyway?
Posted by wildwolf93446
8th Mar 2011
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RE: Should the FDA regulate consumer genetic tests?
Genetic tests such as these are NOT comparable to pregnancy,
drug, or paternity tests which are generally accepted to be in the
99%+ accuracy category.

These DTC genetic tests look for one type of mutation (SNP) and
scan less than 1% of the human genome and purport to predict
disease from the incomplete data. Data that comes from
statistical associations, not clinically proven data, and many of
which constantly change as more research is done. In the vast
majority of cases these tests can only predict your chances of acquiring a disease to less than 5%. For example. I am a
customer of one of the mentioned companies, they say they have
a fair amount of confidence in the study that claims that I have a
3.32x (332%) increased chance of developing type I diabetes
when compared to the average population due to two mutations
in the HLA region of my DNA, sounds scary. However, there is
only a 1% chance that anyone will develop type I diabetes,
therefore I only have a 3.32% lifetime risk of developing type I
diabetes, so roughly a 97% chance of never developing the
disease. If a paternity test told you that you had a 3.3% chance of
being a child's father I don't think you'd be paying child support
anytime soon.

The FDA is only trying to ensure that products that suggest that
they can predict diseases can actually do so and have been proven to do so.
Posted by dandanforth
10th Mar 2011
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