CONCORD, N.H. (MyKeeneNow) New Hampshire is stepping into the legal ring to block a controversial attempt by genetic testing company 23andMe to sell off its customers’ personal data in bankruptcy proceedings.

Attorney General John Formella announced Tuesday that the Granite State is part of a 28-state coalition challenging the potential sale of highly sensitive genetic and health data belonging to millions of consumers. The coalition filed both a lawsuit and an objection in federal bankruptcy court aimed at preventing what they see as an unprecedented violation of consumer privacy.

At the heart of the dispute is the fate of data from approximately 15 million customers—data that includes DNA, medical histories, and health-related traits. 23andMe filed for bankruptcy in March and is now looking to auction off its assets, with customer data reportedly on the block.

“Genetic information is immutable, representing an individual’s unique identity. New Hampshire consumers have a right to control the use and sale of this highly sensitive information,” Formella said in a statement released by his office. “Under New Hampshire law, 23andMe must obtain the consumer’s express, affirmative, informed consent prior to any sale.”

According to the filings, states are pushing back on the notion that DNA records can be sold like furniture or office equipment. The coalition argues that without individual consent, any transfer of this information would be illegal and ethically fraught. Officials warn that selling this data could lead to future data breaches, misuse by third parties, or other forms of exploitation far removed from the original reason people submitted their samples.

Consumers in New Hampshire are being encouraged to take proactive steps to protect their information. That includes deleting their accounts, asking for the destruction of their DNA samples, and revoking any research-sharing permissions previously granted to 23andMe.

The growing concern over digital privacy and the ethics of data sales has drawn attorneys general from across the country into the legal battle. States joining New Hampshire include New York, California, Illinois, Florida, Virginia, and Washington, among others.

For guidance on how to delete your 23andMe data or destroy your genetic sample, the New Hampshire Attorney General’s Office previously released detailed instructions in a March 24, 2025 notice.

Consumers who believe they may have been affected by deceptive business practices can contact the state’s Consumer Protection and Antitrust Bureau at DOJ-CPB@doj.nh.gov or call 888-468-4454.