Regulating Advertising Practices of DTC Genetic Testing Companies?

The Genetics & Public Policy Center (GPPC) has commissioned a 50 state survey of “laws that could potentially be used to protect consumers against unfair or deceptive trade practices by DTC genetic testing companies.”  You can see the full survey here (pdf) or you can jump directly to the conclusion: “The survey reveals that while all states have general consumer protection statutes, none has laws that directly address genetic testing.”

This conclusion comes as no surprise given the reality that, from railroads to the internet to consumer genomics, scientific and technological innovation inevitably outpace the corresponding and often necessary legal and regulatory response.  Odds are that if the GPPC updates its survey eighteen months from now the results will be materially different.