> The bigger question is why is the FDA having a seizure over this?
Um, they aren't having a seizure. 23andMe was informed of the regulatory requirements in a letter in June 2010 [1], and (as discussed in the Warning Letter just issued) submitted required documentation to begin the approval process in July and September of 2012. The FDA sent letters identifying issues with the submitted documentation and requesting additional information in order for the approval process to move forward on September 13, 2012 and received no response from 23andMe.
The FDA set follow up letters in March and May of 2013 indicating that due to 23andMe's failure to address the issues raised in the FDA's earlier letter, the applications submitted in 2012 were deemed withdrawn -- which meant that 23andMe was not only not in compliance, but no longer considered to be actively working toward compliance -- but still took no substantive action, giving the company time to begin working toward compliance again.
Now, more than a year since raising issues with 23andMe's original submission, more than 3 years since notifying them that they needed to come into compliance, and 6 months after notifying 23andMe that their failure to respond to the issues raised with their initial submissions had caused those submissions to lapse, they've given 23andMe notice that they will face regulatory action if they don't either stop marketing the products or provide an acceptable plan within 2 weeks.
That's not exactly "having a seizure".
[1] http://www.fda.gov/downloads/MedicalDevices/ResourcesforYou/...