If the Genes Fit, Wear Them: A Proposal for Light-Handed Regulation of Direct-to-Consumer Genetic Tests from the Federal Trade Commission as a Solution to a Regulatory Commons Problem

Abstract

This article suggests that increased, fragmented regulation of Direct-to-Consumer genetic testing, as proposed by many commentators and interest groups, will not benefit consumers and risks hampering American innovation. This article briefly discusses some of the problems that can occur with broad, multi-agency regulation and specifically why it is unwarranted and ill-advised for Direct-to-Consumer genetic testing. Rather than focusing on hypothetical consumer harms, this article takes a holistic approach, taking into consideration the welfare of consumers and our nation’s interest in promoting innovation. The article goes on to propose a solution that refreshingly simple yet will maximize the benefits of the innovation while minimizing risks to consumers. The article theorizes that by simplifying the regulation scheme and decreasing the number of agencies involved, the remaining agencies will take greater ownership over the regulation and consumers will benefit.