On July 29, 2026, the Federal Trade Commission, joined by the State of Utah and Los Angeles County, filed a joint federal complaint in the United States District Court for the Northern District of California against Hims & Hers Health, Inc. The complaint alleges that the telehealth provider shared consumers' sensitive health information with advertising platforms, including Meta and Snap, through embedded tracking technologies. The action reflects a growing willingness by federal, state, and local enforcers to coordinate on privacy and consumer protection matters affecting the digital health sector.
Beyond the data-sharing allegations, the complaint challenges the company's subscription billing and cancellation practices. According to the enforcers, Hims & Hers charged customers before they consulted with a healthcare provider and employed practices that made it difficult for consumers to cancel. These allegations underscore the continued focus by regulators on so-called negative-option marketing and dark patterns, particularly where such practices intersect with health-related services. Hims & Hers has publicly denied the allegations and stated that it intends to defend itself.
The action is significant for several reasons. First, it demonstrates that the FTC is prepared to pursue joint enforcement with state and local partners, expanding the potential remedies and reputational exposure faced by targeted companies. Second, it reaffirms regulator scrutiny of pixels, software development kits, and similar tracking technologies deployed on platforms where users share health information. Third, it links privacy concerns with billing and cancellation practices, signaling that regulators are likely to scrutinize the entire consumer journey rather than isolated compliance touchpoints.
Telehealth, digital health, and other consumer-facing companies operating in sensitive verticals should reassess their use of advertising trackers and evaluate data-sharing arrangements with third-party platforms. Companies should also review consent mechanisms, subscription enrollment flows, pre-consultation charging practices, and cancellation processes to confirm they align with current FTC guidance and applicable state laws. Documentation of privacy assessments, vendor diligence, and user-facing disclosures may prove critical if similar enforcement inquiries arise.
This alert is provided for general informational purposes and does not constitute legal advice. Clients facing similar issues or considering changes to their data-sharing or subscription practices should consult qualified counsel for advice tailored to their specific circumstances.