Marchant, Executive Director of the College of Law's Center for Law, Science & Innovation, told reporter Nicole McGregor that the testing can be sold as a service on the Internet, but not as a product on retailers' shelves. Walgreens, which had planned to sell the kits, backed off because the manufacturer, Pathway Genomics, didn't have FDA approval, which is required. The FDA regulates the accuracy of the kits, but not their use, he said.
"What use is this information? That's where the real disagreement and controversy is," Marchant. "Some people want to know, even if there's nothing you can do about it, with some, there is something you can do about it, and some people just don't want to know."
Another big issue, he said, is "will insurers, employer have access to it? We have a new federal law that protects you from your health insurer and your employer, but not your life insurer or disability insurer."
To watch the report, click here.