The Federal Trade Commission sued Hims & Hers on July 29, alleging the San Francisco-based telehealth company shared consumers’ sensitive health information with third-party advertisers and deceived users about billing and cancellation practices.
Utah and California joined the FTC as plaintiffs, with California represented through Los Angeles County Counsel. The complaint, filed in the U.S. District Court for the Northern District of California, alleges Hims shared consumer health data with Meta, Snap and other advertising platforms despite telling users their information would stay private.
The FTC also alleges Hims charges most consumers for prescriptions almost immediately after they submit an online intake form, without the medical consultation the company advertises. Consumers are then enrolled in recurring subscriptions they find difficult to cancel; the FTC says a cancellation option was hidden behind an “add/remove items from order” menu that required several steps before the word “cancel” appeared.
“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,” Christopher Mufarrige, director of the FTC’s Bureau of Consumer Protection, said in a July 29 news release announcing the lawsuit.
Mr. Mufarrige said the agency will act on behalf of consumers denied a choice over their sensitive health data.
Hims & Hers pushed back the same day in a statement posted on X. The company said the lawsuit disregards evidence it submitted during a nearly three-year FTC investigation and called the case an attempt to generate headlines rather than protect consumers. The company said its privacy policy lets customers choose how their data is used and that it will vigorously defend itself.
The complaint cites violations of the FTC Act and the Restore Online Shoppers’ Confidence Act. Utah alleges violations of its Consumer Sales Practices Act, and California alleges violations of its false advertising and unfair competition laws. The Commission’s vote to authorize the complaint was 2-0.
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