[ExI] FDA Tells Google-Backed 23andMe to Halt DNA Test Service

[Adrian Tymes]

On Mon, Nov 25, 2013 at 10:59 PM, Brian Manning Delaney <
listsb at infinitefaculty.org> wrote:

> Possible viral -- actually, mainstream media... -- falsehood warning. The
> FDA letter (http://www.fda.gov/.../WarningLetters/2013/ucm376296.htm) as
> I read it, only orders 23andMe to stop marketing the saliva collection kit.
> ("23andMe must immediately discontinue marketing the PGS until such time as
> it receives FDA marketing authorization for the device.") Is marketing it
> (for a particular purpose) the same as /selling/ it (without mentioning
> said, or any, purpose)? Doesn't seem like it, but I'm no expert in
> regulatory law.
>

Marketing and sales are intertwined in this case.  Unless they have a sales
channel that strips out all reason from why you would want to buy their kit
(which in practice does not generate significant sales in any but a very
few cases, of which they're not one), they would inherently be "marketing"
it every time they tried to make a sale.
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