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Executive Summary
With the completion of the Human Genome Project in April 2003, medical genetic tests have become more popular and have received a lot of media attention. Although genetic testing has traditionally been available to patients through their physicians, some companies have begun direct-to-consumer (DTC) marketing of genetic tests through the Internet or retail pharmacies. However, the complexity of genetic science suggests a need for careful scrutiny of such DTC marketing practices. To this end, this research presents a comprehensive analysis of current state of affairs in this area. The authors identify the unique nature of genetic tests and the ensuing consumer vulnerability. They also present a comprehensive examination of the current legal environment and point out the lack of consistency and clear jurisdiction in the regulation of genetic test marketing. To assess DTC marketing practices, the authors conduct an empirical analysis of commercial Web sites that market predictive medical genetic tests. This analysis shows that important information is missing from many of the DTC marketing Web sites and that these Web sites often appeal to consumers’ emotions, especially the feelings of empowerment, fear, and warmth.

On the basis of the analysis and review, the authors make a set of policy recommendations that consists of three main components. First, they recommend a well-publicized campaign to educate consumers about the risks and benefits of genetic testing and to increase awareness of existing resources that provide information about genetic tests. Second, given the current lack of other protections in place, they recommend that predictive genetic testing be offered only through a physician intermediary and that patients be discouraged from undergoing genetic tests in the absence of indications that it would be useful (e.g., family history, clinical symptoms). This should be accompanied by improved physician education in genetic science. Third, they suggest ways of regulating marketing communication in this area in terms of quality control and communication content. Specific consideration is given to the Internet medium, an increasingly important medium for DTC marketing in this area. The policy recommendations also takes into account resource considerations and cooperation of various parties involved in the DTC marketing of genetic tests.

Biography
Yuping Liu is Associate Professor of Marketing in the College of Business and Public Administration at Old Dominion University. She received her MBA and PhD in Management (with a Marketing concentration) from Rutgers University in 2002. Dr. Liu’s research focuses on the intersection among marketing, technology, and consumer psychology. Her main research areas include Internet marketing, loyalty programs, and customer relationship management. Dr. Liu’s publications have appeared in Journal of Marketing, Journal of Advertising, Journal of Advertising Research, and Business Horizons, among others. More information about Dr. Liu’s research can be found on her Web site at http://www.yupingliu.com.

Yvette E. Pearson is Assistant Professor of Philosophy and codirector of the Institute for Ethics and Public Affairs at Old Dominion University. She earned her PhD in Philosophy in 2002 from the University of Miami. She has published in Journal of Bioethical Inquiry, EMBO Reports, and the American Journal of Bioethics. Her area of specialization is bioethics, and her specific research interests include ethical issues in genetics, human reproduction (especially assisted reproductive technologies), and human embryonic stem cell research. Within these areas, she addresses, among other things, ethical concerns related to the informed consent process and the concept of individual autonomy. She is also currently conducting research related to conflicts of interest in the context of academic–industry relationships.

Journal of Public Policy & Marketing, Volume 27, Number 2, Fall 2008
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