Hims & Hers asked a judge to toss an FTC lawsuit over ad-data sharing and hard-to-cancel plans. It says its policies were clear. Here is what that means for users.
Hims & Hers, the online telehealth and prescription company, has asked a federal court to throw out a lawsuit from the Federal Trade Commission (FTC). The suit says the company shared sensitive health details with advertisers and made subscriptions hard to cancel. Hims disputes all of it. A judge will hear the request on January 7, 2027.
The FTC, Utah and California sued in August 2026 in federal court in Northern California. They say Hims promised a "100% online, private, and secure" process, yet data went to ad platforms such as Meta and Snap. Many customers seek care for sensitive issues, including mental health and erectile dysfunction.
The complaint says tracking tools on the Hims website passed information to Meta. It also names ad tools from Snap, Microsoft, Google, Criteo, Pinterest, TikTok, Trade Desk and X. It further alleges Hims sent customer lists to Meta and Snap for ad targeting.
On billing, the suit says customers were charged almost right after an intake form, rarely got a real consultation, and were not clearly told when refills would be billed. It also says canceling was "extremely difficult."
Hims says its intake screens show pricing and terms before anyone submits them. It says charges apply only if a prescription is issued. It describes a fixed-term contract paid in installments, with cancellation by phone, email or online chat. Chat was added in 2023.
On privacy, Hims says its policy states it "may provide personal information to marketing and advertising partners," including "sensitive information such as health data." It says "private" and "discreet" describe the convenience of online care, not a promise that data stays away from advertisers. It adds that customers must acknowledge the policy before setup is finished.
None of these claims has been proven, and the court has not ruled. Still, the case shows why a few minutes of checking can matter before you sign up for a health app or subscription.
Judge Vince Chhabria will hear the motion to dismiss on January 7, 2027. If the case goes ahead, the FTC and the states are seeking a permanent court order, refunds for customers and civil penalties.
Before you join a health app, read what its privacy policy says about advertisers and confirm how you can cancel.
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