Hims & Hers Health Inc. asked a federal judge to dismiss a lawsuit by the Federal Trade Commission that alleges the telehealth company misled consumers about prescriptions, made cancellations difficult and shared sensitive health information with advertisers.
What the FTC says
The FTC, joined by the state of Utah and Los Angeles County, sued Hims in July in the U.S. District Court for the Northern District of California, alleging that the company charged consumers for prescription medications shortly after they completed online intake forms, even though marketing suggested patients would first consult a provider to find a suitable treatment. The agency also alleges that Hims made cancellation unduly hard and disclosed sensitive health information to third-party marketing platforms including Meta and Snap, according to court filings.
Company argues disclosures and law bar the claims
In a motion filed Oct. 22 and first reported by Bloomberg, Hims says the FTC ignored the company’s posted disclosures and misapplied subscription and privacy law. The company points to language users accept when creating accounts that, it says, plainly warns Hims may share information with advertising partners.
“may provide personal information to marketing and advertising partners,”
The language appears in the company’s privacy policy and, Hims contends in its filing, includes a reference to sharing “sensitive information such as health data.” The company has called the FTC’s allegations “baseless” in prior public statements, according to the filings.
- Plaintiff: Federal Trade Commission, joined by Utah and Los Angeles County.
- Defendant: Hims & Hers Health Inc.
- Court: U.S. District Court, Northern District of California.
- Next step: Hearing on the motion to dismiss set for Jan. 7, 2027.
What each side says about consumer protections
The FTC frames the case as one of deceptive marketing and privacy violations: consumers were charged for prescription products sooner than promised, had trouble cancelling subscriptions, and had medical-condition–linked data passed to ad platforms. The complaint identifies specific conditions at issue, such as treatments for hair loss, erectile dysfunction and obesity, and alleges that data tied to those conditions reached third-party platforms.
Hims counters that consumers were given clear notice in its privacy policy and that its disclosures permit sharing with advertising partners. The company argues the FTC misreads the law governing subscriptions and privacy practices and contends the complaint fails to state claims that would survive a pleading-stage dismissal.
Judge Vince Chhabria scheduled the hearing on the motion for Jan. 7, 2027. The filings do not resolve factual disputes; dismissal at this stage would be based on legal grounds the judge finds persuasive.
| Allegation (FTC) | Company response (Hims) |
|---|---|
| Charged consumers for prescriptions immediately after online intake despite implying a provider review first | Disclosures and process do not support a claim that customers lacked notice; legal standards for subscription practices were misapplied |
| Made cancellation difficult | Says cancellation terms and disclosures were appropriate |
| Shared sensitive health information with Meta, Snap and other platforms | Privacy policy, accepted by users, warns of sharing with marketing and advertising partners |
The case highlights growing regulatory scrutiny of digital health companies and subscription-based commerce. The FTC has pursued other enforcement actions against online firms for subscription disclosures and for data-sharing practices that may expose sensitive consumer information.
Because the motion challenges the legal sufficiency of the complaint, the court’s ruling on Jan. 7 — or in subsequent written orders — will shape whether the FTC’s claims proceed to discovery and, if so, what evidence each side may obtain about Hims’s practices and data flows to advertising partners.
The company’s motion and the FTC complaint are public court filings cited in Bloomberg’s reporting of the Oct. 22 filing.
