On July 29, 2026, the Federal Trade Commission, joined by the Attorneys General of Utah and California, filed suit against telehealth provider Hims & Hers in the United States…
On July 29, 2026, the Federal Trade Commission, joined by the Attorneys General of Utah and California, filed suit against telehealth provider Hims & Hers in the United States District Court for the Northern District of California. The complaint alleges that the company shared sensitive patient health information with third-party advertising platforms, including Meta and Snap, in contradiction of its own privacy representations to consumers. For companies operating at the intersection of health care and digital marketing, the action underscores a heightened enforcement posture that pairs federal reach with parallel state authority.
The complaint does not stop at data-sharing. It also alleges that Hims & Hers engaged in deceptive billing practices and designed its subscription flows in a manner that made cancellation unreasonably difficult for customers. That framing reflects a continuing regulatory focus on negative-option marketing and so-called dark patterns, particularly where recurring-charge products are promoted to consumers who may not fully appreciate the terms or the friction required to opt out. The joint filing by federal and state authorities also signals that companies facing an FTC inquiry should expect coordinated state involvement rather than a single-forum resolution.
For telehealth providers, digital health platforms, and any consumer-facing business relying on subscription models, the practical takeaways are immediate. Legal and compliance teams should audit advertising pixels, software development kits, and other ad-tech integrations to confirm what data is actually transmitted to third parties and whether any of it constitutes protected or sensitive health information. Privacy notices, consent language, and marketing disclosures should then be reconciled with those real-world data flows, with any gaps corrected promptly. On the billing side, companies should confirm that enrollment terms are clearly and conspicuously disclosed, that consumer consent is affirmative, and that cancellation is at least as simple as sign-up, including through the same channel used to subscribe.
The Hims & Hers action illustrates how privacy representations and subscription design can converge into overlapping federal-state exposure. Proactive review of ad-tech practices, disclosures, and cancellation flows can meaningfully reduce that risk before regulators come calling.
This alert is provided for general informational purposes only and does not constitute legal advice. Clients should consult counsel for guidance tailored to their specific facts and circumstances.