That in fact appears to be what the FDA is interested in; their letter references attempts to clarify 23AM's "labeling". Presumably, the FDA would like 23AM to stop overtly mentioning health conditions in their marketing; they could write copy that refers to the importance of genetic testing in health management while explicitly stating that their consumer service is not intended as a medical diagnostic.
It seems clear that FDA does not in fact want to shut 23AM down, but that they do want 23AM to radically change their marketing. Which seems fair, because 23AM's marketing is disquietingly clinical.
Sorry, you're right, I was being imprecise. Obviously, I think (2) is the only viable option here; 23AM doesn't appear to be set up for clinical genomics. But that bias was built into my comment implicitly, not stated directly like it should have been.
It seems clear that FDA does not in fact want to shut 23AM down, but that they do want 23AM to radically change their marketing. Which seems fair, because 23AM's marketing is disquietingly clinical.