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Megan Smolenyak

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Don't "Protect" Us From Our Own Genetic Information

Posted: 07/20/2010 7:34 pm

I'm a long time advocate of genetic genealogy (full disclosure: I co-authored Trace Your Roots with DNA with Dr. Ann Turner), so the FDA's public meeting regarding Oversight of Laboratory Developed Tests (LDTs) was of interest to me. As one of the roughly million customers who has purchased direct-to-consumer (DTC) DNA tests over the past decade, I'm keen to make sure I can continue to do so without undue interference or cost.

Normally, I would expound upon my reasons, but one of the speakers today articulated the perspective of genetic genealogists (and other DTC test consumers) so well that I asked whether I could share her remarks here, and she kindly agreed. Katherine Borges is the Director of ISOGG, the International Society of Genetic Genealogy, a non-profit organization of over 7,000 members spread throughout the U.S. and 60 other countries. What follows are her comments from today. Both she and I welcome yours.

"Our (ISOGG's) mission is to promote and educate members and the general public about the use of DNA testing for genealogical and ancestry purposes. We are comprised of serious enthusiasts who represent an active core of the estimated one million people who have taken DTC tests for genealogy and ancestry purposes since their inception about ten years ago.

As the name of our society implies, our focus is primarily upon using DTC tests for genealogy, but a growing segment of our membership also use personal genome tests to trace health-related information within their families. However, testing for ancestry and anthropology is far and away the largest segment of the DTC genetic testing market. This clearly does not fall under FDA's area of responsibility. Our concern is that FDA should not attempt to expand its regulatory authority beyond its proper domain of medical applications, and it should assure that its actions in the medical area do not inadvertently impact the non-medical applications.

ISOGG is a dues-free society with no funding sources. The organization has no direct financial stake in any proposed regulation, and is not affiliated with or financially supported by the companies offering these tests. However, our members understand that they would bear the impact and resultant costs of any regulatory matrix imposed upon testing companies, first as taxpayers, and secondarily as consumers of the services they offer.

Our membership is not opposed to regulation that works to protect or help consumers where a clear need for legislation is evident and an agreed-upon national purpose is fulfilled. In 2008, we supported GINA, and many of our members wrote to their legislators to urge them to pass this important bill.

Additionally in 2008, ISOGG encouraged and facilitated the development of Y-chromosome nomenclature standards for Short Tandem Repeats or STRs by the National Institutes of Standards and Technology, and their subsequent adoption by the ancestral DNA companies and labs. These standards were published in the Fall edition of the free-access online Journal of Genetic Genealogy. This initiative for voluntary standards by a private organization is similar to the implementation of voluntary standards such as those of UL and NEMA in the electrical industry, and ANSI standards in many others.

The great majority of our ISOGG membership feels strongly that any expansion of FDA regulatory authority that would have the effect of preventing consumers from ordering DTC tests would be unwise and unnecessary. At a minimum, no action of that sort should be taken without credible, compelling scientific data to support such a move. Relevant studies of this nature and quality are currently being conducted.

In making these statements I have in mind the role of the media and certain written academic opinions that over the past few years have sought to impact this issue. Sensationalistic media articles that relate anecdotal cases should not be used as a basis to regulate. Many of the articles I've read have been biased, reflecting the author's views without presenting voices from both sides of the issue. For example, just last week, a DC area reporter was looking for stories from consumers of DTC testing for an article to be published in anticipation of this meeting. He was contacted by several individuals who had positive testing experiences, but he did not follow up on these contacts. He told another consumer that he was specifically seeking negative experiences.

Even more seriously, we see a tendency towards a paternalistic attitude by certain groups in the medical professions who seek to limit access to medical information that is not directly under their control. Their arguments often express an extremely low opinion of the ability of people outside of their own professions to comprehend any genetic information or come to terms with its implications. Yet, we heard Col. Magill of Walter Reed state here yesterday that sometimes he sees a patient who knows more about a medical issue than he does, just from personal research. A mandated intermediary would impose yet another cost to consumers.

Additionally, over-regulation can even negatively impact participation in scientific studies. My own mother signed up to participate in Kaiser Permanente's genome study, but then backed out for the very reason that the results will not be returned to her. A barrier to access to one's own genetic information also seems contrary to the intent of HIPAA law, and to the new rules issued last week by the White House requiring health insurance companies to provide free coverage for screenings, laboratory tests and other preventative care.

The general view of ISOGG's members is that regulatory agencies should not stand between a consumer who wishes to collect data on their own genome, and labs that can provide that service. The genome of an individual consists fundamentally of information, and every individual in a free society has an absolute right to information about their own genome from a source of their choosing.

Our membership base consists of many MDs, PhDs, and other specialists who are willing to volunteer their time to assist with the development of industry standards, good practices, and advisory panels. These concepts could be developed in collaboration with federal agencies like NIST and the FTC. And FDA's regulatory requirements for DTCs could be met with something as simple as full and adequate disclosures of the limitations of the tests by the testing companies.

The result could be a happy medium to the benefit of consumers, the laboratories, the testing companies, the government and to taxpayers."

 
 
 

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Megan Smolenyak
genealogy expert
08:15 AM on 07/29/2010
An important addition to this conversation for those who want a fuller understanding of what's happened so far and what's at stake: "Protecting Consumers From Their Own #Genetic Data Will Come at a Cost" ( http://bit.ly/c8TZlQ )
08:11 AM on 07/27/2010
Thank you Megan for facilitating the publication of Katherine Borges' speech and thank you Katherine for speaking up on behalf of the genetic genealogy community and articulating our views so eloquently. I hope that the appropriate bodies will work together to set common standards. There are indeed a few companies which are behaving irresponsibly but these problems can easily be addressed by the appropriate consumer authorities. The tests provided by responsible companies like 23andMe and deCODEme provide probabilistic predictions and not medical diagnoses. I hope that common sense will prevail and that these tests will continue to be made available without the intervention of a doctor or a genetics counsellor. Nearly 100,000 people have taken tests with 23andMe and other similar companies. There is no evidence that any of these tests have caused any harm. There is however ample anecdotal evidence that these tests encourage people to take more interest in their health and to make important lifestyle changes to improve their health.
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12:27 AM on 07/27/2010
Here's an ABC News link on the subject:

http://abcnews.go.com/Health/Wellness/consumer-dna-testing-notch/story?id=11227092&page=1

If you hunt around you can find transcripts of the testimony.
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Megan Smolenyak
genealogy expert
09:57 AM on 07/27/2010
For another perspective, please read this: http://spittoon.23andme.com/2010/07/23/gao-studies-science-non-scientifically/ Companies in the industry, as well as genetic genealogists, are not anti-regulation; we just want regulation that makes sense.
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05:10 PM on 07/27/2010
Thank you for the link to a testing company's response. I'm not surprised that they say their tests are valid. They may be, I wouldn't know. The complaint I find most convincing is that the GAO did not explore the science behind the tests. I think this actually is simply the next step. I suspect the FDA wants to explore the science behind the tests to see if the tests do what they purport to do. I don't know why consumers wouldn't want independent scientists looking at these tests to see if they do what the vendor says they do. Why try and stiffle a legitimate inquiry?
07:47 PM on 07/26/2010
I have joined two combined dna companies, 23andme and decodeme. Medically, they are well worth the money. It is good to see what risks are in your personal genes. Most of us get our information either from watching our parents or watching ads on TV. People think what risk and medicine is good for one is good for all and that is not true. As far as genealogy, wow, what an improvement to guessing if you have the right Murphy. Because this is all so new I have to say 23andme has sure been kept hopping by all the people wanting changes on this and improvements on everything. They are upgrading things as we go along and not charging more. The genetic info belongs to me and I can choose to share or not share with each relative. That is my right. It is also my right to have and use my genetic information in anyway I see fit. I am not against there being some regulations but frankly this trumped up investigation from people that know nothing about genetics is nothing but a witch-hunt. Not sure who is pulling the strings that got it started , but I am capable of picking the right companies for my DNA . More importantly, it is my information and my right how to use it, period.
12:01 AM on 07/27/2010
To date I have only dealt in thise test that involve genealogy. Where is the medical concern in this or the reason for big brother interference. We see to much of this these days. Our info - keep your hands of.
From Oz
08:13 PM on 07/25/2010
I got my DNA test quite a few years ago and learned that a medication I was taking caused my cancer. I was so pleased to learn the results of my DNA test to protect all my family members from this genetic pre-disposition, children, nieces, nephews, etc. Imagine what would might have happened if I had not been provided that information. There have been no negative consequences as a result of the test. Subsequently, I have been able to use the information in my genealogical research. I do not want to see the FDA regulate DNA testing. To whom does this information go? As I mentioned earlier, I have had no negative effects thus far due to the testing. And the positives are obvious. I have been cancer-free for almost ten years thanks to this test that was not under the control of a physician, the FDA or anyone but the testing agency and me.
04:57 PM on 07/23/2010
Genealogy is one thing and science/medicine are another. These companies have been rightly called out on bad science. Sure it's fun to see if you have the probability of being the second cousin once removed from some celebrity or royalty, but to try to predict the certainty of disease is far to complex and leads to bad science and bad medicine. Ms. Smolenyak needs to stick with genealogy and not venture into the "dog and pony" show of snake oil medicine, unless, of course, she has a financial stake in it. Personally, I am glad the FDA is looking into these companies.
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Megan Smolenyak
genealogy expert
10:28 AM on 07/26/2010
I have no financial stake in this. What I do have is ten years of experience as a customer exploring both medical and ancestral aspects of my genetic heritage. I continue to order new tests because of my positive customer experience, and am not interested in non-value-adding middlemen being inserted into the process. If this is "snake oil medicine," where are all the real life horror stories from customers?
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11:30 AM on 07/26/2010
Many of these tests are very straight forward but others, not so much. You can't look behind some of the tests to know how reliable they are. Is Snoop Dogg really 23% Native American? Maybe, but maybe the testing company identified some genes as Native American that are not as exclusive to Native Americans as they thought. Having said that I'm of mixed mind as to the government's involvement, after all you can go get your palm read without government interference, why not your DNA. Testing for medical purposes though should be looked at by the FDA, and the companies selling them should have to prove their accuracy. As to real life horror stories, where would they come from? If a test has someone worried about getting x disease on the basis of a DNA test and they never get the disease, well they can report back about the lousy test in about 40 years. The tests don't say you have the disease so how do you prove it wrong?
12:04 AM on 07/27/2010
You need to l;earn more about the subject before making a comment.
What if you were adopted or thought you were? How do you prove it one way or another? Why DNA of course.
What if the records of birth for your grandfather did nor exist for one reson or another? how to you find or prove who he might have been or is? Why DNA of course.
Where is the medicine in this......
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12:43 AM on 07/27/2010
You need to learn more about the subject before making a comment.
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12:47 AM on 07/27/2010
Companies are offering tests showing likelyhood of the person getting certain diseases. See the link I posted above.
07:09 PM on 07/22/2010
What is “Paternaouthity”?
It’s new from FDA, meaning that since we have such a massive population of dim-wits (hmmm, they might be on to something) they will now think for us … cause we can’t … and it’s for our own good. Well, in that case …

Regulate the companies that are offering the tests for quality and accuracy and leave the decision to conduct the test - and to collect the findings - to the proper owners – us. I know, it makes too much sense to fly… land of the free and all…
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Megan Smolenyak
genealogy expert
07:21 PM on 07/22/2010
Hi Lennart, I have to agree that the assumption of collective ignorance is one of the more disturbing elements of this.
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12:53 AM on 07/27/2010
Assumption of ignorance is usually the safe bet.
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12:24 AM on 07/26/2010
I agree with your comment, especially the last part. These companies need to be able to prove their tests are accurate. If they can then the should be able to market them to the public without further regulation. If they can't then the tests are not as advertised and shouldn't be marketed as such.
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MrsGreebers
11:05 AM on 07/22/2010
How is our genetic info not our automatic property? Only because this is relatively new. I doubt it will stand for very long.
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12:32 AM on 07/26/2010
It is your property, the question, in my mind is do some of the tests really show what they are selling. For instance, if you buy a test that claims to show a proclivity for baldness then the test should be able to do just that. If the seller can not prove that the test is valid to a regulator, why should they be able to market it as such? If they can show the correlation then they should be able to sell the test. They should be able to sell any DNA test that is accurate as to how it is marketed.
12:09 AM on 07/27/2010
An where is the medicine in it. Whether you spit in a jar or swab your cheeck you can do more damage cleaning your teeth or washing your face with some of the "legal" products avaliable.
05:09 PM on 07/21/2010
How many of these DNA tests come with a consultation with several specialists to explain what your individual result means?

None. Or perhaps one and a half.

One gene can, occasionally, lead to a condition by itself. Many of the conditions that are tested for though result from multiple interactions between different genes, or even different tissues! Without a thorough knowledge of such systems how can a consumer make a rational decision?

What would they be making a decision based on? The fact that two genes with 'growth factor' or 'tumor suppressant' came up in their test?

Best case scenario, the consumer becomes a patient who consults with an MD.

Worst case scenario, the consumer starts to radically adjust his/her lifestyle in ways that may be detrimental in the long term. Or short term, if they latch onto some bogus naturopathic remedy.
11:37 PM on 07/21/2010
Not everyone is as stupid as you assume. Not everyone needs a paid consultant to understand risk, both absolute and relative.

Do you have any idea how much information and education comes with genetic testing? A lot. Do you know that some people don't want to go to doctors because they are happier and healthier without them?

Do you know what decision analysis is and how people often use this without consulting a doctor who has zero idea of what the hell they are doing and people are better off for it?

Best case scenario: you go to the doctor and pay to listen to whatever they are peddling and the rest of us learn, take charge, be proactive and understand systems theory before you can listen to the side effects of the next blockbuster drug.

I don't go to doctors. I am my own health care provider ever since they told me I was incurable. Fortunately for me I can think without being imprisoned by a medical school education.

My genome is just one source of information - I don't need it for much, but it is interesting to learn for instance which drugs metabolize in what way with me. People make decisions many ways, this information is just more input. No one takes it as predictive as you seem to think they do.
12:19 AM on 07/27/2010
And you don't need a DNA test for any of that to happen.
But I have not seen anywhere in any of the reading I have done that any of these Coys say that they will tell you that you will get X desease or problem. The closest I have seen is that that gene may make you more suseptable to that X. But it also takes things like diet, lifestyle, socio economics etc and a predisposition all working together to MAYBE get that X.
I know that if I eat to much carbs abd fats and dairy I will have a health problem. Did I need a councellor or doctor or any professional to tell me that. NO I looked at my relatives deduced from the knowledge that I had then decided that maybe the right person to see about this was a dietician.
NO big brother rules involved - just plain common sense
12:19 AM on 07/21/2010
Ever since I learned from Donald Kennedy, the former Director of the FDA, how corrupt the FDA was, and see for myself how corrupt it still is, I encourage everyone to fight back against the tyranny they impose. We are cheated, conned and manipulated by them. We must retain medical information in our hands and entrust it to others at our discretion, not theirs.

If you don't think you can understand something, then ask, learn, read, talk, engage and become an educated consumer. It is when we think someone else has all the answers we find out how dangerous wrong ones can be. Our DNA is way too personal, important and powerful to be regulated by the same people who approve drugs that do nothing except increase the bottom line of a pharmaceutical company that hides the research with bad results from the FDA.
11:28 PM on 07/20/2010
The FDA should stick to its core purposes.

It has already expanded beyond what is necessary, looking for any excuse to control vitamins and supplements.

The FDA generally forces consumers to buy even things like chloresterol lowering drugs via doctors - thus imposing an extremely expensive doctor's visit between the consumer and any kind of self fixing of problems. In my case, the doctor forces me to visit him every six months regardless - $500 + and lab test expenses, even when nothing has changed. Visit goes this way: "Anything different". "No". "Good seeing you". (follow up: $500 please, then more bills for lab results ..)

Plus, the FDA has bungled approval of a wide array of pharmas in recent years that do little to help, have good alternatives, and turn out to kill people. Oh well, time for scope expansion.
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MrsGreebers
11:27 AM on 07/22/2010
The FDA went after a company that sold tart cherry juice for touting a US government study associating this kind of cherry with relief of gout. Because any product that claims to cure or treat a medical problem IS A DRUG and subject to FDA regulation. They were selling a fruit and merely quoting a study. Sheesh. Back in the day, an FDA doctor protected us from the tragedy of thalidomide. Those were the days, huh?
09:15 PM on 07/20/2010
Thank you, Megan and HP, for publishing this very important speech that reflects the feelings of so many of us in the genetic genealogy community. Also, thanks to Katherine H Borges for standing up for us and what she believes in.
09:42 PM on 07/20/2010
Thanks to HP for bringing us this story. I have used DNA results very effectively in the last few years and have been able to connect to many cousins around the world. I have researched my family for over 30 years. In my area of research because of lost records, I was spinning my wheels. In addition, my husband and I are elderly (I'm not used to it yet) and we have to deal with a lot of doctors' offices and hospitals. You don't want to give them any more to do. We have survived so far incorrect readings by radiologists and many other errors by doctors and hospitals that I don't want to think about now. Thanks to Katherine Borges for taking her time to stand up for what we believe in.
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Megan Smolenyak
genealogy expert
09:52 PM on 07/20/2010
Thanks for your comments, vapsmith. I actually just had this experience myself. Had to visit a second doctor recently when the first one diagnosed bronchitis as allergies. So yes, I don't believe that adding more to the plates of already overstretched doctors would be very wise.
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Megan Smolenyak
genealogy expert
09:49 PM on 07/20/2010
My pleasure, CeCe. I think the consumers' perspective in all this has been under-represented and somewhat distorted, so was pleased to have this opportunity to share the point of view of those of us who have already been purchasing DTC DNA tests for a decade now with none of the imagined negatives outcomes that some like to dream up.