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entitled 'Nutrigenetic Testing: Tests Purchased from Four Web Sites 
Mislead Consumers' which was released on July 27, 2006. 

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Testimony: 

Before the Special Committee on Aging, U.S. Senate: 

United States Government Accountability Office: 

GAO: 

For Release on Delivery Expected at 10:00 a.m. EST: 

Thursday, July 27, 2006: 

Nutrigenetic Testing: 

Tests Purchased from Four Web Sites Mislead Consumers: 

Statement of Gregory Kutz, Managing Director Forensic Audits and 
Special Investigations: 

GAO-06-977T: 

GAO Highlights: 

Highlights of GAO-06-977T, testimony before the Special Committee on 
Aging, U.S. Senate 

Why GAO Did This Study: 

Scientists increasingly believe that most, if not all, diseases have a 
genetic component. Consequently, genetic testing is becoming an 
integral part of health care with great potential for future test 
development and use. Some genetic tests are sold directly to the 
consumer via the Internet or retail stores, and purport to use genetic 
information to deliver personalized nutrition and lifestyle guidance. 
These tests require consumers to self-collect a sample of genetic 
material, usually from a cheek swab, and then forward the sample to a 
laboratory for analysis. Companies that market this type of test claim 
to provide consumers with the information needed to tailor their diet 
and exercise programs to address their genetically determined health 
risks. GAO was asked to investigate the “legitimacy” of these claims. 
This testimony reflects the findings of GAO’s investigation of a 
nonrepresentative selection of genetic tests. Specifically, GAO 
purchased tests from four Web sites and created “fictitious consumers” 
by submitting for analysis 12 DNA samples from a female and 2 samples 
from an unrelated male, and describing this DNA as coming from adults 
of various ages, weights, and lifestyle descriptions. GAO also 
consulted with experts in genetics and nutrition. 

What GAO Found: 

The results from all the tests GAO purchased mislead consumers by 
making predictions that are medically unproven and so ambiguous that 
they do not provide meaningful information to consumers. Although there 
are numerous disclaimers indicating that the tests are not intended to 
diagnose disease, all 14 results predict that the fictitious consumers 
are at risk for developing a range of conditions, as shown in the 
figure below. However, although some types of diseases, such as cystic 
fibrosis, can be definitively diagnosed by looking at certain genes, 
the experts GAO spoke with said that the medical predictions in the 
tests results can not be medically proven at this time. 

Figure: Medical Conditions Predicted for 14 Fictitious Consumers: 

[See PDF for Image] 

Source: GAO. 

[End of Figure] 

Even if the predictions could be medically proven, the way the results 
are presented renders them meaningless. For example, many people “may” 
be “at increased risk” for developing heart disease, so such an 
ambiguous statement could relate to any human that submitted DNA. 

Results from the tests that GAO purchased from Web sites 1 and 4 
further mislead the consumer by recommending costly dietary 
supplements. The results from the tests from Web site 1 suggested 
“personalized” supplements costing approximately $1, 200 per year. 
However, after examining the list of ingredients, GAO found that they 
were substantially the same as typical vitamins and antioxidants that 
can be found in any grocery store for about $35 per year. Results from 
the tests from Web site 4 suggested expensive products that claimed to 
repair damaged DNA. However, the experts GAO spoke with stated that 
there is no “pill” currently available that has been proven to do so. 
The experts also told us that, in some circumstances, taking 
supplements such as those recommended may be harmful. 

In addition, results from the tests that GAO purchased from Web sites 
1, 2, and 3 do not provide recommendations based on a unique genetic 
profile as promised, but instead provide a number of common sense 
health recommendations. If the recommendations were truly based on 
genetic analysis, then the 9 fictitious consumers that GAO created for 
these sites using the female DNA should have received the same 
recommendations because their DNA came from the same source. Instead, 
they received a variety of different recommendations, depending on 
their fictitious lifestyles. For example, when GAO created lifestyle 
descriptions stating that the consumers smoked, they received 
recommendations to stop smoking. In contrast, if GAO said the consumers 
never smoked, they received recommendations to continue to avoid 
smoking. 

[Hyperlink, http://www.gao.gov/cgi-bin/getrpt?GAO-06-977T]. 

To view the full product, including the scope and methodology, click on 
the link above. For more information, contact Greg Kutz at 202-512-7455 
or kutzg@gao.gov. 

[End of Section] 

Mr. Chairman and Members of the Committee: 

Thank you for the opportunity to discuss our investigation of genetic 
tests that are sold directly to the consumer via the Internet, retail 
stores, or pharmacies. Recent advances in science have shown that the 
human genome is made up of about 20,000 to 25,000 genes, which are in 
turn made up of DNA.[Footnote 1] These genes play a critical role in 
normal biological function, and scientists increasingly believe that 
most, if not all, diseases have a genetic component. Variants in these 
genes may increase an individual's risk for various common, complex 
medical disorders. Consequently, genetic testing is becoming an 
integral part of health care. There are now genetic tests available for 
close to 1,000 diseases or conditions, including hereditary breast 
cancer and cystic fibrosis, and there is great potential for future 
test development and use. 

However, only about a dozen[Footnote 2] genetic tests have been 
reviewed and approved by the Food and Drug Administration (FDA) to 
ensure their safety and effectiveness. A major reason is that the FDA 
regulates the safety and effectiveness of medical devices, meaning 
products intended to diagnose, treat, mitigate, or prevent 
disease.[Footnote 3] A genetic test is considered by the FDA to be a 
medical device only if it is manufactured as a freestanding "kit" and 
sold to a laboratory.[Footnote 4] Presently, though, most genetic tests 
are not sold as kits but are manufactured in-house by clinical 
laboratories.[Footnote 5] In these cases, the laboratory itself decides 
whether a test has sufficient "clinical validity" (i.e., is 
sufficiently effective at measuring what it purports to measure). 
Although all clinical laboratories must be approved under the Clinical 
Laboratory Improvement Amendments of 1988 (CLIA) and meet general 
standards applicable to all laboratories, there is no genetic testing 
specialty under CLIA. This means that there are no specific 
requirements or unique standards for laboratories that perform genetic 
tests.[Footnote 6] 

This minimal oversight makes it difficult for consumers to determine 
whether a genetic test provides meaningful, scientifically based 
information. In fact, some companies are directly marketing to 
consumers DNA tests that provide health-related information without the 
advice of a physician, including so-called "nutrigenetic" tests. 
Nutrigenetic tests purport to analyze a limited number of genes to 
provide personalized nutritional and lifestyle recommendations. These 
tests, which have not been approved by the FDA and are sometimes 
performed in laboratories that have not been approved under CLIA, range 
in cost from under $100 to over $1,000. The tests require consumers to 
self-collect a sample of genetic material, usually from a cheek swab, 
and then forward the sample to a laboratory for analysis. Demand for 
this type of service appears to be on the rise; one company estimates 
that it has sold over 35,000 nutrigenetic tests to consumers since it 
began selling the tests in the United States in 2003. 

Although the companies that market nutrigenetic tests typically stress 
that the results and information they provide are not intended to 
diagnose or treat any disease or disorder, they do claim that their 
tests will provide consumers with the information needed to tailor 
their diet and exercise programs to address their genetically 
determined health risks. Because of your concerns that the companies 
marketing this type of test may be misleading consumers by providing 
inaccurate information, you requested that we investigate the 
"legitimacy" of these claims. 

To complete our work, we investigated a nonrepresentative selection of 
four Web sites selling nutrigenetic tests. We chose these Web sites 
because they all claimed that their tests would analyze a limited 
number of genes, between 4 and 19, to create personalized dietary and 
other lifestyle-related recommendations; they also stated that their 
products would not test for disease or predisposition to disease. These 
tests ranged in price from $89 to $395. We purchased several similar 
types of tests from each site--14 in total--so that we could compare a 
variety of results. To create a testing scenario, we developed a series 
of "fictitious consumers." To do this, we ultimately submitted 12 DNA 
samples taken by cheek swab from a 9-month-old female, with consent 
from her parents. For comparison purposes, we also submitted 2 DNA 
samples taken from an unrelated 48-year-old male. We had originally 
submitted DNA samples taken from a dog, a cat, and "blank" samples 
containing no DNA information, but these submissions were returned to 
us because they could not be processed by the laboratories. 

On questionnaires that were included with each of the tests, we 
described the DNA from the female and the DNA from the male as coming 
from adult men and women of various ages, weights, and lifestyle 
descriptions. Each questionnaire asked for the same type of information 
about exercise, smoking, vitamin consumption, and intake of a variety 
of foods, but did not ask for information about current medical 
conditions or prescribed medications being taken. Figure 1 provides the 
basis for the 14 fictitious consumers we created. 

Figure 1: DNA and Lifestyle Descriptions Used to Create 14 Fictitious 
Consumers: 

[See PDF for image] 

Source: GAO. 

[End of figure] 

To assess whether the 14 results and related recommendations we 
eventually received provided any scientifically-based information, we 
consulted with outside experts in the fields of genetics and nutrition. 
These experts have background in a variety of areas related to both 
fields, including genetic technology, genetic discrimination, legal and 
public policy issues pertaining to genetics and human research, 
pediatrics, prevention of communicable diseases and diseases associated 
with poor nutrition, and defining global nutrient requirements. We also 
reviewed recent studies on genetic links to specific diseases and on 
the efficacy of nutritional supplements. In addition, we interviewed 
representatives from the Web sites marketing the tests and the 
laboratories processing the results. We conducted our investigation 
from August 2005 through June 2006 in accordance with quality standards 
for investigations as set forth by the President's Council on Integrity 
and Efficiency. 

Summary: 

The results we received from all the tests we purchased mislead the 
consumer by making health-related predictions that are medically 
unproven and so ambiguous that they do not provide meaningful 
information to consumers. Although the results contain statements 
indicating that the information provided is not intended to diagnose 
disease or predisposition to disease, all of the 14 results we received 
do contain predictions that a consumer may interpret as diagnoses. For 
example, the 14 results indicate that our fictitious consumers are at 
risk for developing a range of conditions, including osteoporosis, high 
blood pressure, type 2 diabetes, heart disease, a reduced ability to 
clear toxins, brain aging, and cancer. The 3 results we received from 
the tests we purchased from Web site 4 also stated that our fictitious 
consumers were at below average risk for developing certain medical 
conditions. Experts informed us that although some types of diseases, 
such as cystic fibrosis, can be definitively diagnosed by looking at 
specific genes, the kinds of predictions we received cannot be proven 
given the level of scientific evidence available today. Even if the 
predictions could be medically proven, the way the results are 
presented renders them meaningless. For example, many people "may" be 
"at increased risk" for developing heart disease because of a variety 
of factors, so such an ambiguous statement could apply to any human 
that submitted DNA. 

Results from the tests that we purchased from Web sites 1 and 4 further 
mislead the consumer by recommending costly supplements that they claim 
are developed according to an individual's unique DNA. In reality, the 
pills are not unique in any way, make unproven medical claims, and are 
potentially harmful. For example, the 3 results we received from the 
tests from Web site 1 encourage the purchase of "personalized" dietary 
supplements, supposedly formulated based on our fictitious consumers' 
DNA and lifestyle profiles, and costing approximately $1,200 per year. 
However, when we examined the lists of ingredients, we found that the 
pills do not appear to be customized because the 3 fictitious consumers 
we created for this Web site received recommendations to purchase the 
same product, despite the fact that there were 2 different DNA donors 
and each had a different lifestyle profile. Moreover, experts confirmed 
that these supplements are substantially the same as typical 
multivitamins that can be found in any grocery store for about $35 per 
year. In addition, the 3 results we received from the tests we 
purchased from Web site 4 claimed that for over $1,880 per year, its 
"unique" and "personalized" products could repair damaged DNA. The 
experts we spoke with stated that there is no "pill" currently 
available that has been proven to do so. Again, these supplements do 
not appear to be personalized because the 3 fictitious consumers we 
created for this site received the same recommendation. Finally, the 
experts we spoke with told us that in some circumstances, taking 
supplements such as those that were recommended to us can be harmful. 
For example, taking levels of some vitamins and nutrients that exceed 
the recommended daily allowance may promote cancers and chronic 
diseases. 

Furthermore, results from the tests that we purchased from Web sites 1, 
2, and 3 do not provide dietary and lifestyle recommendations based on 
a unique genetic profile as promised. Instead, the recommendations we 
received simply provide generally accepted health advice directly 
linked to information we submitted via the questionnaires included with 
the tests. If the recommendations were truly based on a consumer's 
unique genetic profile, then the 9 fictitious consumers that we created 
for Web sites 1, 2, and 3 using the female DNA should have received the 
same recommendations. Instead, these 9 consumers received a variety of 
different recommendations, depending on the fictitious lifestyles we 
provided for them. For example, if we said the consumers smoked, we 
received recommendations to stop smoking. In contrast, if we said that 
the consumers never smoked, we received recommendations to continue to 
avoid smoking. These results lead us to conclude that we could have 
invented any type of lifestyle description for the DNA we submitted and 
the recommendations would simply echo this information. Although these 
recommendations may be beneficial to consumers in that they constitute 
common sense health and dietary guidance, DNA analysis is not needed to 
generate this advice. 

During the course of our investigation, we found other information that 
raises concerns for consumers purchasing these tests. For example, we 
discovered that Web sites 1, 2, and 3 were in fact selling the same 
genetic test developed by the same company, and that this company was 
pressured by consumer groups in the United Kingdom to stop selling the 
test in that country. The company now sells the same type of test in 
the United States. In addition, we found evidence suggesting a lack of 
quality control by the laboratory actually conducting the DNA analysis 
for Web sites 1, 2, and 3. For example, even though all of the genetic 
information contained in the test results based on a single source 
should be identical, we received disparate results for a sample from 
the same source from the tests we purchased from Web site 1. We also 
found that a laboratory used by Web site 4 is not approved under CLIA. 

Results Contain Health-related Predictions That Are Both Medically 
Unproven and Meaningless: 

Although there are numerous disclaimers indicating that the tests we 
purchased do not diagnose disease, the 14 results we received predicted 
that our fictitious consumers were at risk of developing a myriad of 
medical conditions. These predictions were similar for all of our 
fictitious consumers, no matter which DNA or lifestyle description we 
used. Results from the tests we purchased from Web site 4 also stated 
that our fictitious consumers were at below average risk for developing 
certain diseases. However, after consulting with outside experts, we 
determined that these predictions cannot be medically proven at this 
time. Even if the predictions could be medically proven, the results 
use ambiguous language to describe the supposed health risks, rendering 
them meaningless. 

Claims That Test Results Will Not Diagnose Disease: 

As shown in table 1, the results we received from the tests we 
purchased from all four Web sites contain statements indicating that 
the information they provide is not intended to diagnose disease or 
predisposition to disease. The results also contain language stressing 
that the tests do not screen for genetic disorders and advising 
consumers to consult with a physician if they feel that they might be 
ill. 

Table 1: Claims That Test Results Are Not Intended to Diagnose Disease: 

Tests purchased from: Web site 1; 
Selected disclaimers: [This is] not a genetic test for disease or 
predisposition to disease, nor does it determine a medical condition; 
If you think you may be ill, consult your doctor. 

Tests purchased from: Web site 2; 
Selected disclaimers: Please note that this screening is not a test for 
inherited disorders. 

Tests purchased from: Web site 3; 
Selected disclaimers: [This is] not a genetic test for disease or 
predisposition to disease, nor does it determine a medical condition; 
If you think you may be ill, consult your doctor. 

Tests purchased from: Web site 4; 
Selected disclaimers: [Our] products are not intended to diagnose or 
treat any disease or disorder; only your doctor can do so. 

Source: GAO. 

[End of table] 

Predictions of Medical Conditions Received: 

Despite these statements, the results we received from the tests we 
purchased from all four Web sites do contain medical predictions that a 
consumer may interpret as diagnoses. The overriding impression from all 
the results is that the 14 fictitious consumers we created are at risk 
for developing a variety of medical conditions, as shown in figure 2. 

Figure 2: Medical Conditions Predicted for 14 Fictitious Consumers: 

[See PDF for image] 

Source: GAO. 

[End of figure] 

Furthermore, the results from the tests we purchased from Web site 4 
even suggested that our fictitious consumers with the female DNA were 
at below average risk for developing certain conditions. As comparison, 
the 2 results we received from Web sites 1 and 3 for the fictitious 
consumers with the male DNA contained similar predictions, despite 
having different DNA variants from the female sample. Specific 
predictions from each test are discussed in further detail below. 

With regard to the tests we purchased from Web site 1, the 3 results we 
received stated that the DNA sample from the female displayed an 
"increased risk of reduced calcium and Vitamin D absorption," meaning 
that she "may be at increased risk of developing osteoporosis." Results 
from the same tests contained similar predictions with regard to risks 
for developing high blood pressure, type 2 diabetes, and heart disease. 
The DNA sample from the male that we submitted for this test showed the 
exact same risks, despite having different DNA variants from the 
female, as shown in figure 3. 

Figure 3: Predictions Received from the Tests Purchased from Web Site 
1: 

[See PDF for image] 

Source: GAO. 

[End of figure] 

As shown in figure 4, the 3 results from the tests we purchased from 
Web site 2 stated that the DNA sample from the female showed "gene 
variations that may alter the body's ability to metabolize cholesterol" 
and variations that may affect "mineral absorption and bone 
metabolism." These results also suggested that "certain protective 
systems" in the body "may have altered activity." 

Figure 4: Predictions Received from the Tests Purchased from Web Site 
2: 

[See PDF for image] 

Source: GAO. 

[End of figure] 

Of the 5 tests we purchased from Web site 3, 3 focused on 
detoxification, 1 focused on heart health, and 1 focused on bone 
health. The 5 results thus showed a range of predictions, including 
that the DNA from the female contained gene variations that "may lead 
to a reduced ability to clear toxins" and that her "natural antioxidant 
defenses are less efficient at the removal of free radical damage." The 
results also showed increased risk of high blood pressure and 
osteoporosis. The DNA we submitted from the male showed similar risks 
with regard to toxins and removal of free radicals, despite having 
different DNA variants from the female sample. See figure 5. 

Figure 5: Predictions Received from the Tests Purchased from Web Site 
3: 

[See PDF for image] 

Source: GAO. 

Note: Of the five tests we purchased from Web site 3, three focused on 
detoxification, one focused on heart health, and one focused on bone 
health. 

[End of figure] 

As shown in figure 6, the 3 results from the tests we purchased from 
Web site 4 showed that the DNA sample from the female revealed "faulty 
methylation patterns" which may lead to "an above average risk for 
developing cardiac aging, brain aging, and cancer" and "sub-optimal 
glycation," which can lead to diabetes and increased body fat. These 
same results also stated that the DNA displayed a "significant risk of 
developing the age related conditions associated with elevated levels 
of DNA damage." Results from the tests we purchased from Web site 4 
also contain predictions that the DNA sample from the female shows 
relatively low risk for developing some diseases. For example, all the 
results from these tests note that the DNA displayed a "below average 
risk" of developing "the age related" conditions associated with 
"oxidation" and "inflammation." According to the results, oxidation can 
lead to diabetes, heart disorders, and Alzheimer's disease and 
inflammation can lead to diabetes, heart failure, and fragile bones. 

Figure 6: Predictions Received from the Tests Purchased from Web Site 
4: 

[See PDF for image] 

Source: GAO. 

[End of figure] 

Predictions of Medical Conditions Cannot Be Medically Proven: 

Despite the implication that these predictions are based on the DNA 
submitted, none of the results we received contained scientific support 
to assist the consumer in evaluating their credibility, and there is no 
evidence to suggest that the tests have been evaluated by independent 
experts. Furthermore, the genetic experts we spoke with informed us 
that even though it is possible to make a definitive diagnosis of 
disease by looking at certain genes, none of the predictions contained 
in any of the results we received can be medically proven at this time. 
According to the experts, cystic fibrosis and Huntington's disease are 
examples of illnesses that can be diagnosed based on an analysis of 
only one gene.[Footnote 7] In contrast, the diseases and conditions 
identified in the test results we received involve complex bodily 
processes. According to the experts we spoke with, although genes are 
known to be associated with these processes, scientists have very 
limited understanding about the functional significance of any 
particular gene, how it interacts with other genes, and the role of 
environmental factors in causing disease. 

With regard to the specific predictions of heart disease, diabetes, 
osteoporosis, cancer, altered ability to metabolize cholesterol, and 
reduced ability to clear toxins, the experts informed us that research 
proving a genetic connection to the development of these conditions is 
at a very early stage and there are many issues yet to be resolved. 

In addition, the experts we spoke with also stated that the types of 
tests we purchased cannot be used to confirm that an individual has a 
reduced risk of developing these types of diseases. Therefore, the 
claims that a person may be at "below average risk" of developing 
certain "age related conditions" based on the analysis of a few genetic 
variants is misleading. There could be other genetic variants not 
tested for that confer risk or other environmental factors not 
assessed. 

Medical Predictions Are Also Meaningless: 

Even if the predictions could be medically proven, the way the results 
are presented--using ambiguous language--renders them meaningless. For 
example, it is unclear what is meant by a "damaged" gene. According to 
the experts we spoke with, although a specific gene can be "damaged" in 
that it contains a variation that causes a loss of function or impaired 
function, the results do not clearly explain what this means. The 
experts also told us that informing someone that they may be at 
increased risk for heart disease or that they have "high levels of DNA 
damage," "faulty methylation patterns," or "altered activity" in 
certain genes are all statements that are so ambiguous as to be 
meaningless. In fact, these types of predictions could apply to any 
human that submitted DNA. For example, according to the experts, many 
people "may" be "at increased risk" for developing heart disease 
because of known and unknown genetic risk factors; environmental and 
behavioral risk factors such as obesity, smoking, and high cholesterol; 
and the interaction between these genetic, environmental, and 
behavioral factors. 

Results Encourage the Purchase of Supplements That Are Overpriced, Make 
Unproven Medical Claims, and May Even Be Harmful: 

Results from the tests that we purchased from Web sites 1 and 4 further 
mislead the consumer by recommending expensive supplements. The 3 
results we received from the tests we purchased from Web site 1 
recommend a supplement that is supposedly based on an individual's 
unique DNA; in reality, the supplements are not unique and are simply a 
grossly overpriced version of a typical multivitamin. The 3 results we 
received from the tests we purchased from Web site 4 similarly 
recommend expensive supplements that are supposedly unique to the 
consumer; these results also contain medical claims about the 
supplements that cannot be proven at this time. Finally, the experts we 
consulted informed us that, in some instances, taking certain 
supplements may be harmful. 

Supplements Recommended by the Tests Purchased from Web Site 1: 

The results from the tests we purchased from Web site 1 recommended a 
90-day supply of a "personalized, custom" nutritional formula for $295, 
or approximately $1,200 per year. According to the product information, 
this formula is based on "what your genetic profile reveals as areas in 
your body that may need special support." Despite this claim, when we 
examined the listed ingredients, we found that we were recommended the 
same product for all 3 of the fictitious consumers we created for this 
test--2 of these consumers actually had the DNA from the female, 1 had 
the DNA from the male, and all 3 had different lifestyle descriptions, 
as previously shown in figure 1. However, when we compared the contents 
of the supplements recommended for the 2 fictitious consumers with DNA 
from the female with the supplement recommended for the fictitious 
consumer with DNA from the male, we found that the ingredients were the 
same. 

Moreover, the experts we spoke with confirmed that the supplements 
themselves are not unique; they contain vitamins that can be found in 
any pharmacy or grocery store. To find a comparable product, we went to 
a local drug store and found a generic multivitamin with the same 
ingredients, though with different amounts, as those in the recommended 
supplement. In contrast to the exorbitant price requested for the 
supplement, we paid just under $10 for a 100-day supply of this 
multivitamin--or about $35 per year, as shown below. 

Figure 7: Comparison of Recommended Supplement from Web Site 1 with 
Generic Multivitamin: 

[See PDF for image] 

Source: GAO. 

[End of figure] 

Although these products are not identical, the experts we spoke with 
said that both the supplement and the generic vitamin would probably 
provide the same nutritional benefits for most people. However, they 
also cautioned that the elevated amounts of certain vitamins in the 
supplement may be harmful, as discussed later in this testimony. 

Supplements Recommended by the Tests Purchased from Web Site 4: 

The results from the tests we purchased from Web site 4 recommended a 
"personalized" supplement "regimen" costing over $1,880 per year. 
According to the results, these supplements are personalized based on 
the DNA submitted and lifestyle descriptions provided on the 
questionnaires, and they are supposed to help "compensate" for "genetic 
deficiencies." Specifically, the product information accompanying the 
test results claims that the regimen will repair damaged DNA through 
the consumption of 7 pills per day, including: 

* 4 tablets per day of a supplement containing over "70 vitamins, 
minerals, and enzymes combined with "CAEs", a proprietary extract from 
the Tropical Rainforest botanical Uncaria tomentosa, known as Cat's 
Claw, which has been clinically shown to promote DNA repair in the 
body." A 60-day supply costs $160. 

* 1 tablet per day of a supplement designed to "enhance the body's 
ability to repair damaged DNA." A 60-day supply costs $50. 

* 1 tablet per day of a supplement to control blood sugar and body fat. 
A 60-day supply costs $50. 

* 1 tablet per day of a supplement designed to manage the process 
"whereby certain genes are activated and deactivated." A 60-day supply 
costs $50. 

As with the other products we were recommended, these supplements are 
not unique to the consumer. Although the 3 fictitious consumers we 
created for this site in reality all had the female DNA, they all had 
varying lifestyle descriptions, as previously shown in figure 1. 
However, we received the same product recommendation for all 3 
consumers. For example, our fictitious 72-year-old female nonsmoker 
with a diet high in protein was recommended the same supplement regimen 
as our fictitious 45-year-old male smoker with a diet high in fats, 
which seems illogical given that the supplements are supposedly 
developed based in part on the submitted lifestyle information. 

Furthermore, although the regimen touts "Cat's Claw" as being the 
ingredient primarily responsible for DNA repair, the experts we spoke 
with told us that these claims are not medically proven at this time. 
According to the experts, Cat's Claw is a plant whose pharmacological 
properties are being studied for a wide variety of biological effects, 
but the experts were aware of no reports in peer-reviewed scientific 
literature that have demonstrated the ability of Cat's Claw to repair 
DNA. Furthermore, although there is some research indicating that 
taking antioxidants may help with DNA repair, no pill has yet been 
proven to repair damaged DNA. In fact, manufacturers of supplements are 
prohibited from claiming that their products can treat, cure, or 
prevent disease; products that make these claims are considered drugs 
and must be approved by the FDA before they can be sold. The FDA has 
already sent Warning Letters to several dietary supplement 
manufacturers who explicitly claimed that Cat's Claw could help treat 
cancer and arthritis. However, we do not know whether the FDA would 
consider a claim of "DNA repair" to render Cat's Claw an unapproved 
drug. 

Nutritional Supplements May Also Be Harmful: 

Regarding safety, the nutritionists we spoke with said that it is 
possible that improper use of dietary supplements can be harmful. For 
example, the nutritionists said that taking levels of some vitamins and 
nutrients that far exceed the recommended daily allowance[Footnote 8] 
may promote cancers and chronic diseases. A recent statement issued by 
the National Institutes of Health[Footnote 9] also notes that taking 
more than the recommended daily intake of certain vitamins and minerals 
may cause adverse health effects. For example, smokers who consume 
excessive amounts of beta-carotene may be at increased risk for 
developing lung cancer, while consumption of excessive amounts of 
vitamin D and calcium may increase the risk of kidney stones. 
Furthermore, we were told that all nutrients or "food components" can 
be toxic if provided in sufficient quantities, but the susceptibility 
to toxicity varies among the population. For example, there is evidence 
that some people may be at risk because of excessive intakes of vitamin 
E, folic acid, calcium, or selenium. 

When we asked the nutritionists about the safety of specific 
ingredients in the supplements recommended for our fictitious 
consumers, they generally believed that the supplements were comparable 
to typical multivitamins, as previously stated. However, they also 
expressed a variety of concerns. For example, one of the nutritionists 
we consulted characterized the levels of vitamin B-6 in both products 
as "disturbing." Another felt that the levels of Vitamin A in both were 
"high," and that the supplements from Web site 1 contained excessive 
amounts of iron, because iron stays in the blood and could become 
toxic. Other experts told us that the supplements could be harmful if 
taken in combination with certain medications. For example, Cat's Claw 
may have an adverse interaction with a medication prescribed for people 
who are at increased risk for forming blood clots, and individuals 
taking this medication are advised to avoid all supplements unless a 
physician approves. 

Results Do Not Provide Recommendations Based on a Unique Genetic 
Profile: 

Results from the tests that we purchased from Web sites 1, 2, and 3 
promise recommendations based on the consumer's unique genetic profile. 
However, the 11 results we received from these three sites suggest that 
the DNA submitted was not a factor in determining the recommendations. 
Rather, the results simply provide a number of common sense health 
recommendations based on information we submitted on the lifestyle 
questionnaires. 

Tests Promise Unique Recommendations: 

Although Web sites 1, 2, and 3 acknowledge that information submitted 
on the questionnaires is taken into consideration when determining diet 
and lifestyle recommendations, the overall implication to the consumer 
is that the information derived from the DNA analysis is the most 
important factor, as shown in table 2. 

Table 2: Statements Promising Recommendations Based on Consumers' 
Unique Genetic Information: 

Tests purchased from: Web site 1; 
Product Claims: 
* "Recommendations are based on your own DNA."; 
* By "adjusting your diet and lifestyle to your genetic profile, you 
can make sure that your body functions at an optimum level.". 

Tests purchased from: Web site 2; 
Product Claims: 
* "Recommendations are based on the unique combination of your genetic 
makeup" because it is important to "make lifestyle choices" that match 
your genes. 

Tests purchased from: Web site 3; 
Product Claims: 
* "Recommendations are based on your own DNA."; 
* Recommendations will "focus on gene variations, the potential of 
which may be offset by eating certain foods, increasing the intake of 
specific micronutrients, or making lifestyle changes.". 

Source: GAO. 

[End of table] 

Results Instead Provide Recommendations Based on Information Submitted 
on Questionnaires: 

Despite these claims, the recommendations we received are simply common 
sense regimens directly linked to the information we submitted on the 
questionnaires included with each test. For example, 9 of the 11 
consumers we created for Web sites 1, 2, and 3 had the female DNA. If 
the recommendations were truly based on the consumer's unique genetic 
profile, then these 9 consumers should have received the same 
recommendations because their DNA came from the same source. Instead, 
they received a variety of different recommendations, depending on the 
fictitious lifestyles we provided for them. For example, when we said 
that a fictitious consumer with the female DNA smoked and ate a lot of 
fatty foods, we received recommendations to stop smoking and eat fewer 
fatty foods. In contrast, when we said that another fictitious consumer 
with the female DNA never smoked and did not eat a lot of fatty foods, 
we received recommendations to continue to avoid both smoking and 
eating foods high in fat. Similarly, when we said that fictitious 
consumers with the female DNA did not eat a lot of fruits and 
vegetables, we received recommendations to eat more of these foods. 
However, if we said that the consumer had a diet rich in fruits and 
vegetables, we were told to continue this high level of consumption. 

We received similar recommendations with regard to the 2 remaining 
consumers we created using the male DNA. For example, for one of the 
fictitious consumers with this DNA, we provided a lifestyle description 
stating that the consumer ate only moderate levels of leafy green 
vegetables, cantaloupe, and eggs--foods that are rich in antioxidants. 
In this case, the consumer was told to eat more foods rich in 
antioxidants. In contrast, we said that the other consumer with the 
male DNA ate a lot of antioxidant-rich foods. This time, we received 
recommendations to continue high consumption of these foods. Figure 8 
provides further examples of the relationship between the lifestyle 
information we submitted on the questionnaires and the recommendations 
we received. 

Figure 8: Lifestyle Descriptions Directly Linked to Diet and Health 
Recommendations: 

[See PDF for image] 

Source: GAO. 

[End of figure] 

These results lead us to conclude that we could have invented any type 
of lifestyle description for the DNA we submitted and the 
recommendations would simply echo this information. Although these 
recommendations may be beneficial to consumers in that they constitute 
common sense health and dietary guidance, DNA analysis is not needed to 
generate this advice. 

Other Investigative Findings Raise Concerns: 

During the course of our investigation, we found other information that 
raises concerns for consumers purchasing these tests. For example, we 
discovered that Web sites 1, 2, and 3 were in fact selling the same 
genetic test developed by the same company and that this company was 
pressured by consumer groups in the United Kingdom to stop selling the 
test in that country. The company now sells the same type of test in 
the United States. In addition, we found evidence suggesting a lack of 
quality control by the laboratory actually conducting the DNA analysis 
for Web sites 1, 2, and 3. For example, even though all of the genetic 
information contained in the test results based on a single source 
should be identical, we received disparate results from the tests we 
purchased from Web site 1. We also found that the laboratory used by 
Web site 4 is not approved under CLIA. 

Nutrigenetic Testing in the United Kingdom: The company that 
manufactures the tests used by Web sites 1, 2, and 3 used to sell the 
same type of test in the United Kingdom--consumers provided DNA samples 
and filled out a lifestyle questionnaire, and the company provided 
advice on what consumers should do to improve their health with diet 
and lifestyle changes. The Human Genetics Commission, the U.K.'s 
strategic advisory body on developments in human genetics, and 
GeneWatch UK, a consumer protection group, alleged that the company's 
tests were misleading because no scientific evidence validated their 
clinical claims. Other scientists and consumer protection groups also 
cited numerous problems with the tests, including that the claims were 
exaggerated, the service should not be offered without adequate 
counseling, and that they provided advice which differed little from 
standard guidance on diet and exercise. 

Eventually, the tests were subjected to assessment by a team of three 
experts--a clinical geneticist, a scientist leading a program of 
research in nutritional genomics, and the chief dietitian of a leading 
teaching hospital. They published the findings in a detailed report 
that concluded that there was no value in the genetic tests being 
offered. Subsequently, GeneWatch U.K. raised these concerns with major 
retail chains and pharmacies carrying the tests and urged them to stop 
selling the tests. By July 2002, the company was no longer attempting 
to sell their test directly to the consumer in the United Kingdom, 
either over the Internet or through retailers. In 2003, the company 
moved its operations from the United Kingdom to the United States. 
Despite the findings of the British experts, the company now sells the 
same type of test to American consumers. 

Contradictory DNA Analysis: The results we received from the tests we 
purchased from Web site 1 appear to be contradictory and reflect 
inaccurate lab results. Specifically, the results we received from 
these tests contained a listing of the genes being analyzed and any 
"variations" found in those genes. When we compared the two results we 
received based on the DNA from the female, we found that the gene 
variations listed were not exactly the same: one result said that the 
DNA showed a variation in the "eNOS" gene, but the other result said 
that there was no variation in this gene. According to the experts we 
spoke with, because the DNA sample was taken from the same individual, 
any gene variations should be identical. The experts also stated that a 
competent laboratory should reliably be able to detect the presence or 
absence of a particular gene variant. Consequently, concerns exist 
about whether this laboratory has basic quality control procedures in 
place to identify and prevent mistakes. 

Lack of CLIA Approval: As noted in the introduction to our testimony, 
laboratories performing genetic tests for medical purposes must be 
approved under the Clinical Laboratory Improvement Amendments of 1988 
(CLIA). In general, CLIA regulations address personnel qualifications, 
quality control and assurance, recordkeeping requirements, and also 
require laboratories to conduct proficiency testing. All laboratory 
tests performed to provide information about an individual's health 
must be conducted by law in approved laboratories. During the course of 
our work, when we interviewed a representative from a laboratory 
conducting tests for Web site 4, we were told that this lab is not 
approved under CLIA. 

Conclusion: 

The current regulatory environment provides only limited oversight to 
those developing and marketing new types of genetic tests. 
Consequently, companies that sell nutrigenetic tests like the ones we 
purchased may mislead consumers by promising results they cannot 
deliver. Further, the unproven medical predictions these companies can 
include in their test results may needlessly alarm consumers into 
thinking that they have an illness or that they need to buy a costly 
supplement in order to prevent an illness. Perhaps even more troubling, 
the test results may falsely assure consumers that they are healthy 
when this may not be the case. 

With further advances in science, nutrigenetic tests like those we 
purchased may in the future be valid, allowing consumers to use DNA- 
based analysis to make diet and lifestyle changes that will actually 
prevent the development of disease. However, as demand for these new 
tests continues to rise, it will become increasingly important for 
consumers to have reliable information in order to determine which 
tests are accurate and useful. 

Mr. Chairman and Members of the Committee, this concludes my statement. 
I would be pleased to answer any questions that you or other members of 
the committee may have at this time. 

Contact: 

For further information about this testimony, please contact Gregory D. 
Kutz at (202) 512-7455 or kutzg@gao.gov. Contact points for our Offices 
of Congressional Relations and Public Affairs may be found on the last 
page of this testimony.  

FOOTNOTES 

[1] DNA stands for deoxyribonucleic acid. 

[2] These include tests for cystic fibrosis; factor II and factor V 
Leiden, which affect blood clotting; cytochrome P450 genotyping, which 
affects the rate at which drugs are metabolized and thus can help in 
determining dosage; and Her-2 neu, which is used to determine whether a 
woman will benefit from a breast cancer drug called Herceptin. 

[3] See 21 U.S.C. §§ 360c(f)(1), 360e(c)(1) and 21 C.F.R. pt. 809. 

[4] 21 U.S.C. § 321(h). 

[5] See 61 Fed. Reg. 10, 484. 

[6] See Clinical Laboratory Improvement Amendments of 1988 (CLIA), 42 
U.S.C. § 263(a). 

[7] Cystic fibrosis is an incurable disease that causes mucus to build 
up in the body. People who have cystic fibrosis can have serious 
breathing problems and lung disease. Huntington's disease is a rare 
condition that causes parts of the brain to break down, or degenerate, 
causing rapid, jerky movements and dementia. 

[8] See [Hyperlink, http://dietary-supplements.info.nih.gov] for 
detailed information on recommended daily allowances. 

[9] National Institutes of Health, State-of-the-science Conference 
Statement: Multivitamin/Mineral Supplements and Chronic Disease 
Prevention, May 15-17, 2006. 

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