Dr. Alberto Gutierrez—the FDA’s director of the Office of In Vitro Diagnostics in the Center for Devices and Radiological Health—talks to NEWSWEEK about the personal genomics crackdown:
So the problem is that the companies are testing for genetic variants that might affect the way consumers make medical decisions?
That’s correct … If you’re making a claim about [a genetic variant that affects the metabolism of the anticoagulant drug] warfarin, and somebody decides based on the result they get that they want to change their dosing, that is a fairly risky decision. That could affect their health. If they’re not feeling well on their current dose and the drug is expensive, we don’t know what they would do.
Last time I checked, one could not buy warfarin over-the-counter. Oh well, I guess there’s still no way we could ever know what they would do. Fortunately the NIH would never support a website where anyone could input her own genotype data to evaluate her own warfarin dosing.
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What Knome sells is more of a service than a device. It’s basically a software program that explains genetic data that consumers can have generated elsewhere. Can you explain to me why it requires pre-market clearance?
Software is a medical device, and they’re making medical claims. They’re taking results and making medical claims that come out of those results.
Gosh, I sure hope WebMD, mayoclinic.com, yourdiagnosis.com, medhelp.org, medicinenet.com, healthcaremagic.com, emedicine, MedicineNet, and healthline.com have pre-market clearance. And fortunately the NIH would never support software blah blah blah…
UPDATE: In contrast to my screed, the Genomics Law Report offers a more balanced, detailed and sober analysis.