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

Rafal Smigrodzki rafal.smigrodzki at gmail.com
Thu Nov 28 08:25:19 UTC 2013


On Wed, Nov 27, 2013 at 11:18 AM, spike <spike66 at att.net> wrote:

> Ja to all.  I received this seconds before I hit send.  I think you are
> right, but at this point I am not sure we want to keep the FDA happy.  I
> think it is time to stand and fight.  We have let the FDA strangle us for
> too long.  Time to stand and show some of that good old American
> don’t-tread-on-me grit in the face of a battle I think the people can win.
> In the setting of a spectacular failure of bureaucratic control over
> medicine, and a spectacular success of a private enterprise, the time is
> right for a test case, especially considering it is an odd year, so the
> halls of congress will soon be vacated, the representatives off campaigning
> for re-election.

### This is a very interesting perspective - 23andMe being involved in
an extended, well-thought-out campaign against the FDA, rather than
being caught like a deer in the juggernaut's headlights (sorry for the
mixed idioms). On second thoughts, yes, of course, after all, 23andMe
is Google, so forethought should be assumed.

The big issue here is, obviously, patient autonomy. The existence of
the FDA  (and most other regulatory agencies) is predicated on the
notion that humans may not exercise autonomy when it comes to choices
regarding their own health, or in other domains. In FDA's world all
choices are made primarily by bureaucrats, and to a lesser degree by
vendors, while consumers have no choice but to accept them. The
propaganda line supporting this vision is, as is often the case with
modern government, protection of the weak (unsuspecting, powerless)
customers against unscrupulous and inept vendors efficiently achieved
by competent, selfless officials. A depressingly large fraction of the
population seem to swallow this hook, line and sinker.

As Spike points out, 23andMe might be the perfect test case, pitting
informed, internet-empowered consumers against an immensely powerful
but slow enemy. It certainly helps that the principals of the company
involved are financially independent, depriving the FDA of one of
their most potent weapons, the ability to destroy indirectly with
bankruptcy rather than by prison sentences. With a lot of luck, the
battle lines might be redrawn in our favor, the strangling onslaught
may be slowed somewhat (but not reversed, only an unrealistic optimist
could expect that), and who knows what the future might bring? - The
abolition of the FDA? A cure for stupidity? One may dream.

On a related note, I just found out in another 23andMe discussion that
snake oil actually works. As it turns out, the very etymology of
current meaning of "snake oil" (as fraudulent medicine that cries for
a law against it) comes from early regulatory capture mixed with
racism. Original snake oil, produced from Enhydris chinensis, a snake
found in China, is a potent anti-inflammatory, and was used by Chinese
laborers building American railroads to treat injuries. Rival medicine
salesmen found it easy to ridicule the practice, since it originated
with a despised ethnic group, and thus snake oil came to mean what it
means. Eventually, the Pure Food and Drug Act came to help stamp out
the slant-eyed competition, although in its initial version the Act
only required truth in labeling, i.e. snake oil was supposed to
contain actual snakes. After a hundred and seven years of regulatory
expansion and daily little powergrabs by bureaucrats we came to this
juncture, when swabbing your mouth to take a sample of your own
genetic material is deemed illegal.

Oh, the irony.

Rafal




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