Economy & Fed
Hims & Hers faces wider FTC lawsuit as more states join
Arizona, Florida, Nebraska, Ohio and Wisconsin joined the FTC's lawsuit against Hims & Hers, which alleges deceptive prescription subscriptions and the sharing of patients' health data with advertisers.
Quick Read
- Arizona, Florida, Nebraska, Ohio and Wisconsin joined the FTC, Utah and California in the lawsuit against Hims & Hers.
- The complaint alleges Hims charged subscribers right after intake forms, blocked refunds, hid refill dates and avoided simple cancellation.
- Regulators also allege Hims shared patients' health data with advertisers including Meta Platforms and Snap.
- The claims are unproven, and the case could bring penalties or changes to how Hims bills subscribers.
What did the FTC and the states file?
The Federal Trade Commission filed an amended complaint against telehealth company Hims & Hers in the U.S. District Court for the Northern District of California. An amended complaint is an updated version of a lawsuit. The commissioners voted to approve it.
Why it matters: The new filing adds Arizona, Florida, Nebraska, Ohio and Wisconsin as co-plaintiffs, meaning they now sue alongside the FTC. They join Utah and California, which acts through the Los Angeles County Counsel. The case builds on allegations first filed in July.
Regulators say Hims broke the FTC Act, the Restore Online Shoppers' Confidence Act and several state consumer protection laws. They point to unauthorized billing and misleading privacy promises.
What does the complaint say about subscriptions?
Hims advertises free consultations with medical providers, the regulators say. The complaint alleges the platform instead signs users up for recurring subscriptions and charges them soon after they submit intake forms.
That timing, regulators argue, gives patients no real chance to review or approve the treatment a provider recommends.
The complaint also alleges Hims kept refund policies that blocked refunds for unwanted charges, even before medicine shipped. It says the company hid refill dates, so customers missed cancellation deadlines.
Regulators further allege Hims chose not to offer a simple way to cancel because its own research showed easy cancellations would hurt profits.
What about patients' health data?
Hims told consumers that only medical providers would see their health information, the complaint says. Regulators argue the company broke that promise to grow revenue.
The filing alleges Hims shared private health details with advertising platforms, including Meta Platforms and Snap. Those records allegedly covered patients seeking treatment for erectile dysfunction and mental illness.
What happens next?
What’s next: The allegations are unproven, and no court has ruled on them. The filing details released so far set no trial or hearing date.
The case could end in penalties, a settlement or changes to how Hims bills and cancels subscriptions. Which of those happens, if any, depends on the court or on talks between the company and regulators.
For readers
What it could mean for you: If you pay Hims & Hers for a prescription subscription, this case is about how you were signed up and when you were charged. It is also about how easily you could cancel, and who saw your health details. If the regulators win or the company settles, Hims could be required to change its sign-up, billing and cancellation steps. It may also face limits on sharing health information with advertising platforms. Any refunds for past charges would depend on the outcome, and the filing sets no timeline.
Questions and answers
Why is the FTC suing Hims & Hers?
The FTC alleges Hims enrolled users in recurring prescription subscriptions without real consent, blocked refunds and made cancelling hard. It also alleges the company shared patients' health data with advertisers despite promising privacy.
Which states joined the Hims & Hers lawsuit?
The amended complaint adds Arizona, Florida, Nebraska, Ohio and Wisconsin. They join Utah and California, which acts through the Los Angeles County Counsel.
Did Hims & Hers share health data with Meta and Snap?
The complaint alleges Hims shared private health information with advertising platforms including Meta Platforms and Snap. These are allegations, and no court has ruled on them.
The numbers
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