Five more states join FTC lawsuit alleging Hims & Hers shared health data with ad platforms

Five more states have signed on to the Federal Trade Commission's lawsuit against Hims & Hers Health, the San Francisco telehealth company that sells prescription medications directly to consumers. The FTC said on November 10, 2026, that it had filed an amended complaint naming Arizona, Florida, Nebraska, Ohio and Wisconsin as co-plaintiffs, alongside Utah and California, which takes part through Los Angeles County Counsel. The suit, first filed on July 29, accuses Hims of passing sensitive health information to advertising platforms while promising privacy, and of misleading customers about charges and cancellation.

These are allegations, and the court has yet to rule on them. In a quarterly report filed with the Securities and Exchange Commission on November 9, a day before the amendment, Hims & Hers said it believes it has meritorious arguments and intends to defend itself vigorously. It had asked the court on October 22 to dismiss the original complaint, and that motion was set for a hearing on January 14, 2027, according to the report.

What the complaint alleges about health data

The amended complaint, filed in the U.S. District Court for the Northern District of California, says Hims told users its process was “100% online, private, and secure” and that only its medical providers would see their health information. Instead, it alleges, Hims shared data on people seeking treatment for conditions including erectile dysfunction and mental illness with Meta and Snap through at least May 2024, without clearly telling them.

The complaint describes two routes. Hims uploaded customer email lists to Meta to target ads on Facebook and Instagram, about 14 million addresses between September 2020 and June 2023, of which Meta matched about 10 million to user accounts, and gave the resulting audiences names that revealed the treatment sought, it says. Some names used code words such as “Zeus” for erectile dysfunction, and the complaint alleges that internal Meta communications show Meta knew what they meant. Hims also placed Meta's tracking tools on its website, which the complaint says passed records of account sign-ups and submitted medical intake forms to Meta about 8 million times.

According to the complaint, five lists uploaded to Snap together held more than 1 million email addresses, and tracking pixels from at least 13 other ad platforms, among them Google, Microsoft, Pinterest, Reddit and TikTok, were on Hims' website.

The billing claims

The rest of the case concerns money. The FTC alleges that Hims charges most customers and signs them up for a recurring prescription almost as soon as they submit an intake form, although it tells them they can consult a provider to find a treatment that is “right for them.” It also alleges that after Hims added online cancellation for most customers in 2023, the button appeared only after several steps that began with an option to add or remove items. The FTC alleges that these practices violate the FTC Act and the Restore Online Shoppers' Confidence Act, which bans deceptive billing and subscription practices. The five new states add claims under their own consumer protection laws.

Where the case stands

Hims' quarterly report says it held good-faith settlement negotiations with the FTC, but they were unsuccessful. The accrual for the case may fall or rise materially as the litigation goes on, the company says, and it cannot estimate any loss beyond that amount. The report also discloses a proposed consumer class action that raises claims on substantially the same facts, and a proposed class action on behalf of shareholders over the company's statements on privacy and billing.

The Commission voted 2-0 to file the amended complaint. The FTC notes that it files a complaint when it has “reason to believe” the law is being broken or is about to be, and that the court will decide the case. The amended complaint asks for a permanent injunction, a declaratory judgment, a monetary judgment and civil penalties.