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Why California Isn't Among the 42 States Settling With 23andMe

California chose its own path on the 23andMe genetic-data breach: instead of joining the 42-state, $18 million settlement, the state is suing the company's post-bankruptcy owner for civil penalties in a case that is still pending.

Sasha Lowery

July 20, 20261 min read

The shape of California with a DNA helix and scales of justice, 23andMe - illustration, Jake Team LLC
The shape of California with a DNA helix and scales of justice, 23andMe - illustration, Jake Team LLC

Forty-two states announced a settlement with 23andMe on July 14 over the 2023 genetic-data breach. California's name is missing from the list, and that is by choice.

Rather than join the multistate agreement, which pays the participating states $18 million now from the company's bankruptcy estate against $150 million in allowed claims, Attorney General Rob Bonta filed California's own lawsuit in May against Chrome Holding Co., 23andMe's post-bankruptcy owner.

Filed in San Francisco Superior Court, the suit seeks civil penalties and alleges the company ignored clear security vulnerabilities and understated how serious the breach was, according to the complaint and news reports. No ruling has been made; the case is ongoing.

The underlying breach compromised the genetic information of 6.9 million customers of the Bay Area-based testing company. Attackers used credential stuffing, recycling passwords stolen from other services, to break into thousands of accounts starting in 2023, then pulled data on millions more users through 23andMe's sharing features.

The company disclosed the breach in October 2023, and some of the stolen data, including names, ancestry information and genetic markers, later surfaced for sale online.

For the states that did settle, the agreement adds security obligations on the company's new custodian: enhanced data-security standards, recurring risk assessments, an independent advisory board and continued data-deletion rights for customers.

Affected Californians are covered by a separate nationwide $46.75 million class-action settlement, approved by a bankruptcy judge on July 6 for consumers who filed claims by February 17, 2026.

Sources

https://www.theregister.com/legal/2026/05/29/rob-bonta-sues-23andmes-new-owners-over-2023-breach/5248565

https://www.attorneygeneral.gov/taking-action/ag-sunday-announces-18-million-national-settlement-with-23andme-over-genetic-data-breach/

https://www.insurancejournal.com/news/national/2026/07/07/876569.htm

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Sasha Lowery

Sasha Lowery writes about community life, schools, public safety, and local events in Saratoga.

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