Hims & Hers accused of sharing health data
The amended complaint introduces supplemental state consumer protection claims alongside federal charges, adding five state attorneys general to a plaintiff roster alongside the Federal Trade Commission, the State of Utah, and the County of Los Angeles.
"Hims & Hers provided sensitive medical information to third-party advertising platforms despite assuring customers that personal details would remain private," the FTC alleged in court filings reported by National Law Review and PYMNTS. Court filings specify disclosed data included records of consumers seeking clinical treatments for mental health conditions and sexual dysfunction; prosecutors contend the health platform transmitted tracking pixels to platforms operated by Meta Platforms and Snap. Regulators allege that converting private clinical inquiries into targeted advertising audience segments constitutes an unfair trade practice under Section 5 of the FTC Act; the enforcement action seeks permanent injunctive relief and substantial civil monetary penalties.
Hims & Hers disputed the allegations, asserting that its data security frameworks adhere to established industry standards and that it will vigorously defend its practices, and company shares dropped following publication of the expanded plaintiff roster. The federal district court directed the defendants to enter formal responsive pleadings within 45 days. Formal pretrial discovery exchanges are expected to commence in the first quarter of 2027.
The Federal Trade Commission previously warned healthcare applications that tracking technologies transmitting health identifiers without express affirmative consent violate federal law; state attorneys general emphasized that consumers seeking confidential medical care must not be subjected to commercial exploitation, and state consumer statutes allow prosecutors to seek civil penalties for each statutory violation; by joining the federal litigation, state attorneys general significantly amplify potential financial liability, enabling per-violation statutory damages under respective state consumer protection acts.
