Emory Law Journal


Deepthy Kishore


Selling access to individual genetic information has transposed the physician-patient relationship into a company-consumer context, calling for a novel examination of how consumer and patient protections overlap and where federal regulation ends and tort law begins. This Comment applies principles of products liability and informed consent to the context of genetic testing to argue that tort liability, rather than greater regulation of genetic tests, is the best way to protect consumers of DTC genetic testing. This Comment demonstrates that without professional assistance, consumers risk misinterpreting the meaning of their genetic test results and may even be driven to take drastic actions based on that information.