Colorado joins multistate legal fight to protect genetic information in 23andMe bankruptcy case

June 10, 2025 (DENVER) – Attorney General Phil Weiser joined a bipartisan coalition of 28 states in filing a lawsuit on behalf of consumers objecting to the proposed sale of personal genetic information collected by 23andMe.

The lawsuit and a separate objection to the bankruptcy sale, each filed in federal bankruptcy court in St. Louis on Monday, aim to stop the bankrupt company from auctioning off the private genetic data of roughly 15 million customers to the highest bidder without customers’ knowledge or consent.

“In Colorado, we are committed to protecting consumers’ privacy and will take action to prevent companies from selling private personal data without consent,” said Attorney General Weiser. “That’s why what 23andMe is doing in this case is so appalling. Consumers shared sensitive information on the belief that only the company would have access to it, and it would not be shared without consent. The company cannot be allowed, even in bankruptcy, to share that information against the will of consumers.”

23andMe, a popular 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. Colorado and other states argue that customers should have the right to control such deeply personal information and that it cannot be 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 buyers 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 this 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, Vermont, Virginia, Washington, West Virginia, and Wisconsin.

Read the multistate lawsuit against 23andMe (PDF).

Read the states’ objection 23andMe’s proposed sale of consumer assets (PDF).

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Media Contact:
Lawrence Pacheco
Chief Communications Officer
(720) 508-6553 office
lawrence.pacheco@coag.gov