Questions related to 23andMe’s Chapter 11 Filing
Latest Update on Chapter 11 Proceedings
May 19, 2025: Regeneron, A Leading U.S. Biotechnology Company, to Acquire 23andMe in Court-Supervised Sale: See Press Release here
May 5, 2025: The U.S. Bankruptcy Court for the Eastern District of Missouri has established July 14, 2025 at 11:59 pm CT if submitted electronically (or 4:59 pm CT if submitted by hardcopy) as the deadline to file General and Cyber Security Incident Proofs of Claims against the Company (including 23andMe and Lemonaid Health). For more information on how to file a claim, please visit https://restructuring.ra.kroll.com/23andMe/EPOC-Index. For more information on who is eligible to submit a claim, please review the General Bar Date Notice and the Cyber Security Incident Bar Date Notice.
April 28, 2025: 23andMe, Unsecured Creditors Committee, U.S. Trustee and 32 State Attorneys General Agree to Appoint Independent Consumer Privacy Ombudsman to Review Any Potential Sales.
April 18, 2025: 23andMe Provides Update Regarding Court-Supervised Sale Process: See Press Release here.
March 26, 2025: 23andMe Confirms All Potential Buyers Must Agree to Comply With Privacy Policy and Applicable Law: See Press Release here.
Questions Related to 23andMe’s Voluntary Chapter 11 Process
On March 23, 2025, 23andMe took an important step forward by entering a voluntary Chapter 11 restructuring and sale process.
Through this process, we will seek to find a partner who shares our commitment to customer data privacy and security and allows our mission of helping people access, understand and benefit from the human genome to live on. Importantly, this step allows us to continue operating our business while we chart the path forward. Our press release is available here.
May 19, 2025 Update: Following a successful auction under the Court-approved bidding procedures, we have reached an agreement through which 23andMe will be acquired by Regeneron, a leading U.S.-based, NASDAQ-listed biotechnology company.
This is an important milestone as we look to complete our bankruptcy and sale process and chart a new path forward for the benefit of customers and patients. Regeneron shares in our core mission of using data to revolutionize health and wellness and shares our commitment to customer privacy. We believe they will be a great partner for our businesses moving forward.
As we proceed, here is what our customers should expect:
- First, privacy and data security remain one of our top priorities. We remain committed to protecting sensitive customer data. We required anyone bidding for 23andMe to agree to comply with our privacy policies and all applicable privacy laws. This means that Regeneron has agreed that it will process your customer personal data in accordance with the 23andMe consents, privacy policies and statements, terms of service, and notices currently in effect and have security controls in place designed to protect such data. Regeneron will comply with applicable laws by providing updated privacy notices when it changes how it uses your data and obtain your consent if required under applicable laws.
- Second, there are no changes to your access to your account, genetic reports, or any stored data. Regeneron intends for 23andMe to continue its personal genome service uninterrupted.
- Third, the transaction is subject to final approval. The proposed transaction remains subject to approval by the Bankruptcy Court for the Eastern District of Missouri and all regulatory approvals, including approvals under the Hart-Scott-Rodino Act, as well as review by the Court-appointed, independent Consumer Privacy Ombudsman (“CPO”) to conduct an examination of the transaction and the impact, if any, on consumers’ privacy if the transaction is approved, taking into account the privacy and security program of the proposed acquirer, as applicable, and present a report to the Court by June 10, 2025. A Court hearing to consider the approval of the transaction is currently scheduled for June 17, 2025, with closing expected in the third quarter of 2025.
For more information, please see our full press release, available here.
April 28, 2025 Update: Appointing an Independent Consumer Privacy Ombudsman
23andMe recognizes that the treatment of customer data in connection with a potential sale is an issue of paramount importance to its customers, regulators, and other stakeholders. As a result, 23andMe, the Official Committee of Unsecured Creditors (the “UCC”), the U.S. Trustee, and 32 state attorneys general consensually agreed to the appointment of a disinterested Consumer Privacy Ombudsman (a “CPO”) with requisite privacy and cybersecurity credentials to conduct an examination and present a report to the bankruptcy court that evaluates a potential bidder’s privacy and security program and assesses the impact of any potential sale on the protection of consumer data.
23andMe takes its responsibility as a steward of customer data seriously, and is requiring all bidders in the court-supervised marketing process to guaranty that they will comply with the Company’s privacy policies and applicable law, among other requirements.
What This Means For You
- Your data remains protected. The Chapter 11 filing does not change how we store, manage, or protect customer data. Our users’ privacy and data are important considerations in any transaction, and we remain committed to our users’ privacy and to being transparent with our customers about how their data is managed. Any buyer of 23andMe will be required to comply with our privacy policies and applicable law with respect to the treatment of customer data.
- Your access is unchanged. You continue to have full access to your account, genetic reports, and any stored data.
- 23andMe is still open for business. Orders and subscriptions will continue as normal, and any purchases or genetic testing kits sent in for processing will be handled without disruption.
23andMe was born from the idea that empowering people to harness and learn from their own DNA could change the future of healthcare. Since 2006, we have made dramatic strides, helping more than 15 million customers worldwide to better understand themselves and the impact of their genetics while contributing to vital research efforts. We are proud of all that we have accomplished together and look forward to continuing to serve customers like you through our health and ancestry services.
We appreciate your trust and support during this transition and remain dedicated to serving you and our mission.
Related Questions
What did 23andMe announce?
23andMe has made the decision to facilitate a sale of its business by initiating voluntary Chapter 11 proceedings. 23andMe intends to continue operating its business in the ordinary course throughout the process. The Company will actively solicit qualified bids to acquire all or parts of 23andMe. We are requiring all bidders in the Court-supervised marketing process to guaranty that they will comply with the Company’s privacy policies and applicable law. We hope this process allows our mission of helping people access, understand and benefit from the human genome to live on for the benefit of customers and patients.
Does this mean 23andMe is going out of business?
No. Under Chapter 11, we intend to use the sale process to maximize the value of our business while continuing to operate.
What does this mean for customers?
Customer access to data is unchanged and orders and subscriptions will continue. In addition, there are no changes to how we store, manage, or protect customer data. Any buyer of 23andMe will be required to comply with our privacy policy and with all applicable law with respect to the treatment of customer data.
Will I still be able to access my account?
Yes. You continue to have full access to your account, genetic reports, and any stored data during the process.
Can I still purchase DNA testing kits?
Yes. All orders and subscriptions will continue as normal, and any recent purchases or genetic testing kits sent in for processing will be handled without disruption.
What happens if I need a refund?
We are modifying our 23andMe.com refund policy while under court supervision. These changes are listed in our Return and Refund Policy.
- Customers who purchase a test kit on or after March 23 will have 24 hours after purchase to request a refund.
- As usual, customers who purchased a test kit prior to the March 23 petition date will have 30 days from the date of purchase to request a refund.
For genetic test kits purchased in the United States from an authorized third party retailer, please consult the retailer’s refund policy to determine if your kit is eligible to receive a refund.
If you are eligible for a refund, please follow the standard process through your account. If there are additional changes that affect our customers, we will provide timely updates.
What does this mean for my genetic data
The filing does not change how we store, manage, or protect customer data. 23andMe takes its responsibility as a steward of customer data seriously. The Company maintains strict data privacy and security protocols, and it is subject to consumer privacy and genetic privacy laws.
Through the sale process, 23andMe will look to secure a partner who shares in its commitment to customer data privacy and will further its mission of helping people access, understand and benefit from the human genome.
Any buyer will be required to comply with 23andMe’s privacy policies and applicable law with respect to treatment of customer data. 23andMe has also requested that potential bidders submit detailed descriptions of their intended use of any purchased customer data, outline the privacy programs and security controls they have in place or would implement, and disclose whether any modification of existing privacy policies would be requested – as any changes must be made in accordance with the terms of the Company’s privacy policies and applicable law.
To further protect customer data, 23andMe has asked the Court to appoint an independent Customer Data Representative. If approved by the Court, a CDR would serve as another neutral third party, reviewing whether any proposed transaction complies with our privacy policies and applicable data privacy laws, and maintains customer data security.
23andMe, the UCC, the U.S. Trustee, and 32 state attorneys general consensually agreed to the appointment of a disinterested CPO with requisite privacy and cybersecurity credentials to conduct an examination and present a report to the bankruptcy court that evaluates a potential bidder’s privacy and security program and assesses the impact of any potential sale on the protection of consumer data.
No bids will be accepted from entities based in or with controlling investments from countries of concern, such as China, Cuba, Iran, North Korea, Russia or Venezuela, which raise concerns around customer privacy and national security.
Our users’ privacy and data are important considerations in any transaction, and we remain committed to our users’ privacy and to being transparent with our customers about how their data is managed.
You have choices. You can opt into and out of our research at any time by updating your consent status in your account settings. If you opt out, we will stop using your information for research going forward (we cannot affect studies that have already been completed) and will discontinue use of your data within 30 days.
Will I still have the ability to choose how my data is used in the future?
Yes. Our privacy policy will remain in place. Any buyer of 23andMe will be required to agree to comply with our privacy policy and with all applicable law with respect to the treatment of customer data. This includes obtaining your consent prior to implementing material changes to the privacy policy or how your data is used.
Can customers still delete their data?
Yes. Customers still have the ability to delete their data and 23andMe account. We remain committed to our users’ privacy and to being transparent with our customers about how their data is managed.
Will the restructuring process affect 23andMe’s day-to-day operations?
No. The Company intends to continue operating its business in the ordinary course throughout the process. Customers will continue to have full access to their online accounts, genetic reports, and any stored data.
What do Chapter 11 proceedings entail?
Filing for Chapter 11 protection under the U.S. Bankruptcy Code is a reorganization process that allows for a company to restructure its finances and operations, including through a sale of certain or all of its assets, while continuing to operate its business.
What is Section 363 of the U.S. Bankruptcy Code?
Section 363 of the U.S. Bankruptcy Code is a process that allows for companies who have filed for Chapter 11 protections to efficiently sell assets through a Court-supervised auction.
What does it mean for the Company to conduct an auction for its assets?
If multiple qualified bids are submitted during the Court-supervised 363 sale process, the Company will use its discretion to select the highest or best bid as the winning bid to ensure that 23andMe is maximizing the value of its assets.
23andMe is requiring all bidders in the court-supervised marketing process to guaranty that they will comply with the Company’s privacy policies and applicable law.
What does the appointment of a Consumer Privacy Ombudsman (“CPO”) mean for customer data?
A Consumer Privacy Ombudsman (“CPO”) is often appointed in court-supervised sale processes to act as an independent third party when personally identifiable information (“PII”) may be part of a potential transaction.
23andMe, the UCC, the U.S. Trustee, and 32 state attorneys general consensually to the appointment of an independent CPO to conduct an examination and present a report to the bankruptcy court that evaluates a potential bidder’s privacy and security program and assesses the impact of any potential sale on the protection of consumer data.
Under oversight by the Court, the CPO will review any proposed transaction involving customers’ PII and determine whether it complies with the Company’s privacy policies, applicable data privacy laws, and maintains customer data security, including an evaluation of the buyer’s privacy practices, cybersecurity controls, and the potential impact on consumers. The CPO will submit a report to the Court no later than seven days before any hearing involving the sale or lease of PII.
The Court requires the CPO to have experience relevant to 23andMe’s case. This may include understanding of relevant state, federal and foreign privacy laws; experience assessing compliance with privacy and data protection protocols; cybersecurity expertise; experience in the field of medical records and their sale or transfer; and the ability to evaluate whether a proposed purchaser’s privacy policies comply with applicable laws.
What do bankruptcy proceedings mean for the class action litigation?
Any ongoing litigation is automatically stayed due to the bankruptcy filing. Known impacted parties will be updated as the process moves forward.
What is a proof of claim?
During Chapter 11 proceedings, creditors may file a proof of claim seeking repayment from the debtor. These written forms include information about the claimant, the total amount owed and the basis for the claim.
Am I eligible to file a proof of claim?
Cyber Security Incident Claims:
Customers who suffered monetary damages or any non-monetary harms from the data breach that was discovered by 23andMe in October 2023 have the right to file a Cyber Security Incident Claim.
General Claims:
Customers who believe they are owed money from the Company unrelated to the Cyber Security Incident have the right to file a General Proof of Claim.
For more details on who is eligible to submit each kind of claim, please review the General Bar Date Notice and the Cyber Security Incident Bar Date Notice.
When is the deadline to file a proof of claim?
The deadline to file a proof of claim is Monday, July 14, 2025, at 11:59pm CT if submitted electronically (or 4:59pm CT if submitted by hardcopy)
How do I file a proof of claim?
To file a proof of claim, please click here to go to the Kroll Restructuring Administration Online Claim Filing Portal. Please note that you cannot submit a claim via email.
If not filed electronically, completed hard copy proof of claim forms should be sent to one of the following addresses. Please click here to download the General Proof of Claim form or click here to download the Cyber Security Incident Claim.
If by first class mail:
23andMe Holding Co. Claims Processing Center c/o Kroll Restructuring Administration LLC
Grand Central Station, PO Box 4850
New York, NY 10163-4850
Clerk of the Court
111 S. 10th St., 4th Floor
St. Louis, MO 63102
If by hand delivery, or overnight courier:
23andMe Holding Co. Claims Processing Center c/o Kroll Restructuring Administration LLC
850 3rd Avenue, Suite 412
Brooklyn, NY 11232
If you submitted your proof of claim by hardcopy and would like a copy of your claim returned to you as proof of receipt, please enclose an additional copy and a self-addressed postage-paid envelope.
All proofs of claim must be actually received on or before July 14, 2025.
How do I know if my proof of claim has been filed?
All filed proofs of claim, with the exception of Cyber Security Incident Proofs of Claim and any General Proof of Claim filed by an individual, will be posted on our claims agent Kroll’s website at https://restructuring.ra.kroll.com/23andMe. Filers will receive an acknowledgment letter including the claim number assigned to their claim.
Where can I find more information about these proceedings?
For more information about this process, please visit our dedicated restructuring website here. For questions, please contact the Company’s claims agent, Kroll, directly at 23andMeInfo@ra.kroll.com or by calling (888) 367-7556.
If you have questions about your account or orders, please reach out to our customer care team.
