The FTC, alongside California and Utah, has sued Hims & Hers, alleging the telehealth company promised private care while sharing sensitive health data with ad platforms such as Meta and Snap. Regulators say Hims used tracking tools — including Meta Pixel and the Meta Conversions API — that captured information tied to sexual‑health, mental‑health and other treatments. The complaint also accuses Hims of deceptive subscription practices, including auto‑enrolling customers and hiding cancellation paths. Authorities seek injunctions, monetary relief and penalties; the case will be decided in federal court.
FTC, California and Utah Sue Hims & Hers, Allege Sensitive Health Data Shared With Meta and Snap and Deceptive Subscription Practices
Your 'Sexual Wellness' Pills Order Info From Hims Got Shared With Meta, Says FTC
The Federal Trade Commission, joined by California and Utah, has filed a lawsuit against telehealth company Hims & Hers Inc., alleging the company promised a private, discreet healthcare experience while transmitting sensitive consumer health data to advertising platforms including Meta and Snap.
What Regulators Allege
The complaint, filed in the U.S. District Court for the Northern District of California, says Hims repeatedly represented its services as "100% online, private, and secure," and assured customers that medical records and sensitive health details would be accessed only by the clinicians overseeing their care. Regulators contend those assurances were false and that Hims disclosed consumers' health information to third-party advertising partners without adequately notifying users.
"The FTC's complaint lays out a troubling scenario—consumers unknowingly locked into recurring subscriptions and the disclosure to third parties of consumers' most private health information without their consent," said Christopher Mufarrige, Director of the FTC's Bureau of Consumer Protection.
Tracking Technologies and Data Shared
According to the complaint, Hims implemented tracking tools including Meta Pixel and the Meta Conversions API, and used technologies from Google, Microsoft, Reddit, TikTok, Pinterest and X, among others, to relay information about user activity on its sites and apps. Regulators say pixel events captured information tied to sensitive treatment categories such as sexual health, mental health, hair loss and weight-loss care.
Alleged Subscription And Disclosure Failures
The lawsuit also accuses Hims & Hers Inc. of deceptive subscription practices. Regulators say the company advertised "free consultations" and told consumers they could decide whether treatment was right before purchasing medication. Instead, the complaint alleges many customers were automatically charged and enrolled in recurring prescription subscriptions immediately after a provider reviewed an intake form, without a clear opportunity to review or approve the purchase.
The complaint further alleges Hims failed to clearly disclose refill dates and made cancellations difficult by burying cancellation options behind multiple menus and retention prompts.
Legal Claims And Relief Sought
The FTC and the state plaintiffs say the conduct violates the FTC Act, the Restore Online Shoppers' Confidence Act, California's False Advertising Law and Unfair Competition Law, and Utah's Consumer Sales Practices Act. They are seeking a permanent injunction, monetary relief, civil penalties and other remedies. The agencies noted that the case will be decided by the court.
Context
Hims & Hers, a publicly traded telehealth company known for its sexual-wellness products and other prescription treatments, did not immediately respond to requests for comment. The lawsuit is the latest in a series of FTC enforcement actions focused on privacy, deceptive marketing and consumer protection, following cases involving companies such as Epic Games and recent settlements over misleading claims about AI-powered ad products.
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