Hims & Hers Sued by FTC and States Over Health Data Tracking and Hidden Subscriptions
Regulators allege the telehealth firm shared patient data with ad brokers and auto-enrolled users into recurring billing.
Federal enforcement authorities have launched a legal challenge against Hims & Hers Inc., alleging the direct-to-consumer telehealth provider betrayed patient trust by covertly sharing sensitive medical data with advertising networks while trapping customers in recurring prescription subscriptions.
Filed in the U.S. District Court for the Northern District of Californiattps://nile1.com/en/2026/07/23/u-s-crypto-sector-projected-to-generate-55-billion-in-economic-output-as-employment-expands-study-finds/” class=”auto-internal-link” title=”U.S. Crypto Sector Projected to Generate $55 Billion in Economic Output as Employment Expands, Study Finds”>California, the joint complaint brought by the Federal Trade Commission alongside state attorneys general from California and Utah takes aim at the company’s core privacy promises. Regulators allege that despite promotional campaigns across television, podcasts, radio, and influencer marketing touting “100% online, private, and secure” medical consultations, the company secretly embedded tracking technologies across its web properties.
According to court filings, Hims utilized tools such as Meta Pixel and Meta Conversions API, alongside tracking code from Google, Microsoft, Snap, TikTok, Pinterest, Reddit, and X, to broadcast user activity and health inquiries directly to digital ad brokers. The alleged data disclosures touched on highly personal conditions, including treatments sought for erectile dysfunction, premature ejaculation, hair loss, weight loss, and mental health disorders.
Parallel to the privacy allegations, regulators accuse Hims of engaging in deceptive subscription tactics. While advertising free medical consultations and promising customers control over their treatment choices, the lawsuit claims the company routinely processed credit card charges and enrolled users into automatic prescription renewals immediately after a clinician reviewed their intake form—before patients had an opportunity to inspect or accept the treatment plan.
The legal complaint further asserts that Hims failed to clearly indicate refill dates and engineered deliberate hurdles to prevent cancellations, hiding termination settings behind multi-tiered retention menus.
The lawsuit cites violations of Section 5 of the FTC Act, the Restore Online Shoppers’ Confidence Act, California’s False Advertising Law and Unfair Competition Law, and Utah’s Consumer Sales Practices Act.
“The FTC’s 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. He added that the agency will not hesitate to act when consumers are deprived of their ability to choose products or maintain personal health privacy.
The action comes amid heightened regulatory scrutiny of online health services, where digital tracking pixels often intersect with confidential patient intake forms. The Federal Trade Commission has repeatedly warned online vendors against utilizing dark patterns to drive recurring revenue or sharing sensitive consumer metrics with programmatic ad exchanges. Prior enforcement actions targeting deceptive online tactics include a $520 million penalty against Epic Games in 2022 over privacy and billing violations, as well as a settlement reached in May with Cox Media Group involving claims over ad-targeting capabilities.
The FTC and state prosecutors are seeking a permanent injunction against Hims & Hers Inc., alongside civil monetary penalties and restitution for affected consumers.
