“Often, incumbents’ only competitive response is to run to the regulators. That’s what’s has been happening to car-sharing services such as Uber, Lyft, and Sidecar; to private drone makers; and casual accommodation services such as Airbnb, to name just a few examples. And now it’s happening to 23andMe, one of hundreds of new startups aimed at giving healthcare consumers more and better information about their own bodies — information that has long been under the exclusive and increasingly expensive control of medical professionals. Absent any real law on the subject, the agency has strained credulity to categorize 23andMe’s product as a diagnostic ‘device’.”
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