FTC sues Hims & Hers for allegedly sharing patient health data with Meta and Snap

Allegations of data sharing

The FTC's complaint, filed Wednesday in California federal court jointly with Los Angeles County and Utah, alleges Hims & Hers transmitted sensitive user health information to online advertising platforms. The data was shared through tracking technologies embedded on the company's website and through users' interactions with the platform, according to the agency. Recipients included Meta Platforms, the parent company of Facebook and Instagram, and Snap, which operates Snapchat. The information concerned medical conditions users sought treatment for: erectile dysfunction, premature ejaculation, hair loss, obesity, and mental health issues. The complaint specifically names erectile dysfunction and premature ejaculation as conditions consumers would reasonably expect to remain private from advertisers. The FTC has been investigating the San Francisco-based company since 2023. Hims & Hers is one of the largest telehealth providers in the United States, offering online appointments and shipping prescription and over-the-counter medications directly to customers.

“The FTC will not hesitate to act on behalf of consumers deprived of their ability to choose which products they want and whether to keep their most sensitive health information private.”

Billing and cancellation practices

The lawsuit also accuses Hims & Hers of deceptive billing and subscription practices. The company told users they would consult with a healthcare professional before being charged, according to the complaint. In practice, most customers were billed soon after filling out an online intake form, often without ever receiving a consultation. The FTC alleges that Hims & Hers signed users up for recurring subscriptions before they had a real opportunity to review or approve the terms, and subsequently made it difficult for them to cancel those subscriptions. The complaint includes a consumer account describing how, after being assured no charges would apply before a doctor consultation, funds were taken immediately upon submission of the intake form.

“I was told that I would be able to speak with a doctor in a few days and that nothing would be charged to my card that day. Him's & Her's charged me immediately! I never gave consent to apply charges before I spoke with a healthcare professional.”

Company pushes back

Hims & Hers rejected the FTC's allegations in a public statement. The company argued the agency "ignores established state laws and industry standards in telehealth, and contorts the law to try to manufacture claims." It also accused the agency of pursuing the case to generate attention, calling the claims baseless. On the data-sharing allegations specifically, the company did not issue an explicit denial. Its statement said customers are given the information necessary to make informed decisions and that its privacy policy allows users to control how their data is handled.

“This is not enforcement grounded in consumer protection; it is an effort to generate headlines at our expense.”

Lawsuit and market fallout

The case was filed under the FTC Act in California federal court on Wednesday, with Utah and Los Angeles County joining as co-plaintiffs alongside the FTC. Shares of Hims & Hers fell roughly 10 to 12 percent after the lawsuit became public. The company has grown into one of the largest telehealth platforms in the United States, particularly in the weight loss medication market, by connecting patients with licensed providers online and shipping treatments directly to their homes.