Michael Jackson’s DNA Will Be Used to Make Jewelry

Lori Andrews by Lori Andrews

During his life, Michael Jackson's hair was at the center of a legal dispute.  When he filmed a Pepsi commercial, the pyrotechnics on the set set his hair aflame, leading to a lawsuit against the soft drink company.  In that case, Jackson donated his $1.5 million settlement to the burn unit that treated him.

Now, after his death, his hair is raising an issue central to bioethics:  What right do people have to control the use of their tissue?

During the ill-fated commercial–which some commentators think led to the singer's use of painkillers–executive producer Ralph Cohen picked up charred hairs from the floor.  John Reznikoff, a hair collector, purchased the hair and now has an arrangement with an Elk Grove Village, Illinois company, Life Gems, to create man-made diamonds out of the carbon in Jackson's hair.

But would Jackson really have consented to this use of his hair?  And should his consent matter?  The answer to those questions has ramifications beyond whether jewelry will be made from the King of Pop.  Virtually all of us have body tissue on file.  Our tissue has commercial value–not just for making gems, but for biotech research.  Such research is often undertaken on our blood samples or other tissue–without our knowledge or consent.

All babies born in the United States since the late 1960s have blood taken at birth as part of a government-mandated newborn screening program intended to pinpoint diseases, such as PKU (phenylketonuria), where early detection allows the possibility of remedial therapy.  Some state public health departments keep those blood spots on file, and some have contracted with private companies to store them.  Hospitals, research centers, and private depositories retain pathology samples and genetic data collected in the course of surgical procedures or research projects–a fact unknown to most patients.

There are brain tissue banks, breast tissue banks, blood banks, umbilical cord banks, sperm banks, and tissue repositories for studying AIDS, Alzheimer's, mental illnesses, and aging.  Over 282 million archived and identifiable pathological specimens from more than 176 million individuals are being stored in United States repositories.  At least 20 million new specimens are added each year. Some specimens are anonymized or coded and not identified with specific individuals; others carry patient names or codes that allow personal identification. 

Expanding markets have increased the value of this tissue, and institutions–hospitals, research laboratories, and the state and federal repositories that store tissue samples–find they possess a capital resource.  Several medical centers have deals in place with a biotech company to do genetic research on their hospital patients' tissue.

But think about the personal and social values it might violate to use someone's tissue without his permission.  Albert Einstein said he wanted to be cremated, yet his brain was kept after his death by a young pathologist without Einstein's prior consent.  His brain tissue was tested for a genetic propensity to aneurysm.  If such a propensity was found, it could have implications for his blood relatives–since their insurers might refuse to insure them based on this genetic flaw.  For living people whose tissue is used without consent, there are concerns that their doctors will view them as a "treasure trove" and order unnecessary interventions.

The use of a person's tissue without explicit consent not only violates privacy rights and certain religious beliefs, it can also raise reproductive rights concerns.  John Reznikoff’s collection includes hair locks from Marilyn Monroe (snipped off by the embalmer) and Elvis Presley (along with a photo of him getting his G.I. haircut).  If a hair follicle were attached, the collector could try to clone Michael, Marilyn and Elvis—leading to a petting zoo of celebrities, a nasty set of probate cases, and a serious ethical quagmire.

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