What can I do about this clause?

{'method': 'WEB_FORM', 'recipient': 'https://customercare.23andme.com/hc/en-us/articles/202907780', 'difficulty': 'MODERATE', 'action_type': 'DISPUTE_FEE', 'instructions': 'If your sample has failed processing twice, contact 23andMe customer care to request your refund. Visit the Return and Refund Policy page for instructions on initiating the refund process.', 'deadline_days': None, 'deadline_hours': None}

Which regulatory agencies enforce this type of clause?

{'agency': 'FTC', 'reason': 'FTC Act Section 5 applies to inadequate remedies for non-delivery of services and potentially unfair restrictions such as the permanent resubmission ban.', 'complaint_url': 'https://reportfraud.ftc.gov/'}, {'agency': 'State_AG', 'reason': 'State Attorneys General can enforce consumer warranty and protection statutes that may require more generous remedies than those provided by the ToS for failed sample processing.', 'complaint_url': 'https://www.naag.org/find-my-ag/'}

What is the severity of this clause?

ConductAtlas classifies this Sample Processing Failure and Refund Limitation clause as medium severity. Severity reflects the magnitude of rights affected, the breadth of users impacted, and the degree of discretion the platform retains.

Sample Processing Failure and Refund Limitation — 23andMe

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What it is

If 23andMe fails to process your DNA sample twice in a row, you get a refund minus shipping costs — but you are permanently barred from resubmitting a new sample through a future purchase.

Consumer impact (what this means for users)

If your DNA sample fails processing twice, you receive only a partial refund (minus shipping) and are contractually barred from ever purchasing another 23andMe test to try again — a significant and unusual restriction that permanently forecloses access to the service for a small percentage of users.

What you can do

⚠️ These actions may provide transparency or partial mitigation but may not fully address the underlying issue. Effectiveness varies by jurisdiction and individual circumstances.

Dispute a Fee

If your sample has failed processing twice, contact 23andMe customer care to request your refund. Visit the Return and Refund Policy page for instructions on initiating the refund process.

Cross-platform context

See how other platforms handle Sample Processing Failure and Refund Limitation and similar clauses.

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Why it matters (compliance & risk perspective)

The permanent bar on resubmitting a sample after two failed processing attempts is an unusual restriction that could prevent consumers from ever obtaining the genetic testing results they paid for, with no path to resolution beyond a partial refund.

View original clause language

If the second attempt to process the sample is unsuccessful, (up to 0.65% of all samples fail the second attempt at testing according to 23andMe data obtained in 2019 for all genotype testing),* 23andMe will not send additional sample collection kits and the user will be entitled solely and exclusively to a complete refund of the amount paid to 23andMe, less shipping and handling, provided the user shall not resubmit another sample through a future purchase of the Service.

Institutional analysis (Compliance & legal intelligence)

REGULATORY FRAMEWORK: This provision implicates FTC Act Section 5 (15 U.S.C. §45) regarding the adequacy of remedies for non-delivery of services; California's Song-Beverly Consumer Warranty Act may impose additional implied warranty obligations for consumer products; CCPA/CPRA data deletion obligations should be confirmed to apply equally to users who receive refunds and close accounts. FTC and California AG are primary enforcement authorities.

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Applicable agencies

FTC

FTC Act Section 5 applies to inadequate remedies for non-delivery of services and potentially unfair restrictions such as the permanent resubmission ban.
File a complaint →
State AG

State Attorneys General can enforce consumer warranty and protection statutes that may require more generous remedies than those provided by the ToS for failed sample processing.
File a complaint →

Provision details

Document information

Document

23andMe Terms of Service

Entity

23andMe

Document last updated

April 29, 2026

Tracking information

First tracked

April 27, 2026

Last verified

April 27, 2026

Record ID

CA-P-003459

Document ID

CA-D-00147

Evidence Provenance

Source URL

https://www.23andme.com/legal/tos/

Wayback Machine

View archived versions →

SHA-256

16a44b36aa17e55ddf47ae29310c84ef467de0a10b43cf99d04895259b10a9f1

Verified

✓ Snapshot stored ✓ Change verified

How to Cite

ConductAtlas Policy Archive
Entity: 23andMe | Document: 23andMe Terms of Service | Record: CA-P-003459
Captured: 2026-04-27 13:25:11 UTC | SHA-256: 16a44b36aa17e55d…
URL: https://conductatlas.com/platform/23andme/23andme-terms-of-service/sample-processing-failure-and-refund-limitation/
Accessed: May 2, 2026

Classification

Severity

Medium

Sample Processing Failure and Refund Limitation