FTC, California and Utah sue Hims & Hers over data-sharing

The Federal Trade Commission, joined by California and Utah, sued Hims & Hers Inc. on Tuesday in U.S. District Court for the Northern District of California. The complaint alleges the telehealth company transmitted customers’ sexual wellness order information to Meta and other advertising platforms while promoting private, discreet care.

Regulators say Hims used tracking technologies including Meta Pixel and Meta Conversions API, along with tools from Google, Microsoft, Reddit, TikTok, Pinterest and X. The complaint alleges those tools captured events tied to users’ activity and purchases on Hims’ site and transmitted data to advertising partners.

The filing lists orders for products addressing erectile dysfunction, premature ejaculation, mental health, hair loss and weight loss. Regulators contend the tracking events tied to those orders revealed sensitive health information to third parties without clear notice to consumers.

The complaint notes Hims promoted its services as “100% online, private, and secure” and told users that medical records and sensitive health information would be accessed only by treating providers. Regulators allege the company’s use of pixels and tracking events contradicted those privacy promises.

The suit also challenges Hims’ subscription and billing practices. Regulators say the company advertised “free consultations” and represented that consumers could decide whether to purchase medication after a provider review. The complaint alleges many customers were charged and placed into recurring prescription subscriptions automatically after a provider reviewed the intake form, with limited opportunity to review or approve treatment.

The filing further alleges Hims obscured refill dates and hid cancellation options behind multiple menus and retention screens, making it difficult for consumers to stop recurring shipments and charges. The FTC and the state attorneys general seek a permanent injunction, monetary relief, civil penalties and other remedies.

The complaint alleges violations of the FTC Act, the Restore Online Shoppers’ Confidence Act, California’s False Advertising and Unfair Competition laws, and Utah’s Consumer Sales Practices Act. Christopher Mufarrige, director of the FTC’s Bureau of Consumer Protection, wrote the 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.”

Hims & Hers, a publicly traded company known for its sexual wellness products as well as prescription and over-the-counter treatments, did not immediately respond to requests for comment when the complaint was filed. The FTC noted that filing a complaint indicates it has reason to believe the defendants were violating or about to violate the law and that a court must decide the case.

The lawsuit follows recent FTC enforcement actions focused on privacy, deceptive marketing and subscription practices and reflects continued agency attention to how companies use tracking technologies in consumer-facing products.