FTC Sues Hims & Hers for Sharing Sensitive Health Data with Meta and Other Ad Platforms

Headline: FTC sues Hims & Hers, says sexual-wellness orders and other sensitive health data were shared with Meta and other ad platforms The Federal Trade Commission, joined by California and Utah, has sued telehealth provider Hims & Hers Inc., accusing the company of promising a private, discreet healthcare experience while secretly transmitting sensitive user health data to major advertising platforms — including Meta and Snap. What regulators say - The complaint, filed Tuesday in U.S. District Court for the Northern District of California, alleges Hims marketed its services as “100% online, private, and secure” and promised that medical records and sensitive health information would only be accessed by the clinicians treating patients. - Instead, the FTC says Hims embedded tracking technologies — including Meta Pixel and Meta Conversions API — plus tools from Google, Microsoft, Reddit, TikTok, Pinterest, X and others to report users’ activity on its sites and apps back to ad networks. Regulators say these integrations transmitted health-related events tied to conditions like erectile dysfunction, premature ejaculation, mental health disorders, hair loss and weight loss. - The complaint contends these disclosures were made without clear notice or user consent, undermining Hims’ public privacy assurances and leaving consumers unaware their most intimate health details could be used for advertising. “This 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. “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.” Hims responds Hims & Hers pushed back in a statement on X, calling the lawsuit “baseless” and saying it “disregards substantial evidence we provided the FTC during its nearly three-year investigation,” that it “ignores established state laws and industry standards in telehealth,” and that the company will vigorously defend itself. Allegations about subscriptions and cancellations The suit also accuses Hims of deceptive subscription practices: - Advertising “free consultations” and suggesting consumers could decide on treatment before purchasing, the company allegedly enrolled many users in recurring prescription subscriptions immediately after a provider reviewed an intake form — sometimes without giving consumers an opportunity to approve charges. - Regulators say refill dates weren’t clearly disclosed and cancellation was made difficult, with cancellation links buried behind multiple menus and retention screens. Legal claims and relief sought The complaint alleges violations of the FTC Act, the Restore Online Shoppers’ Confidence Act (ROSCA), California’s False Advertising Law and Unfair Competition Law, and Utah’s Consumer Sales Practices Act. The FTC and state partners seek a permanent injunction, monetary relief, civil penalties and other remedies. Why it matters to privacy-minded audiences For people who follow crypto and privacy issues, the case highlights how common web tracking tools and server-to-server integrations (like Conversions APIs) can bridge on-site behavior and off-site ad ecosystems — turning private health questions into actionable targeting signals. Regulators framing this as deceptive advertising and privacy misconduct could prompt closer scrutiny of similar tracking practices across health, finance and other sensitive verticals. Regulatory context This is the latest of several recent FTC enforcement actions around privacy and deceptive claims. Notable examples: - 2022: Epic Games agreed to pay $520 million to settle allegations it violated children’s privacy laws. - May 2024: The FTC reached a nearly $1 million settlement with Cox Media Group and two marketing firms over claims they falsely marketed an AI service that allegedly targeted ads by listening to conversations through smart devices. The agency has also warned that AI could “turbocharge” scams and deceptive practices, and has pursued companies for overstating AI capabilities. Next steps The FTC said it files a complaint when it has “reason to believe” the named defendants are violating or about to violate the law; the allegations will be resolved by the court. Editor’s note: Story updated after publication to include a comment from Hims & Hers.