FTC Sues Hims & Hers Over Alleged Sharing of Patients’ Health Data With Meta and Snap
Published
Key Takeaways
- FTC lawsuit: The Federal Trade Commission is suing Hims & Hers for allegedly sharing customers' medical data with advertisers and misleading consumers about its privacy practices.
- Trackers named: The complaint cites pixel-sized trackers from Meta, Snap, Microsoft, Pinterest, Reddit, and X that captured and shared users' health information.
- Company response: Hims & Hers called the allegations "baseless" and said it plans to defend against the lawsuit in court.
Healthcare giant Hims & Hers allegedly shared customers' medical and healthcare information with advertisers and technology giants, including Meta and Snap, while misleading consumers about its privacy practices. According to a Federal Trade Commission (FTC) lawsuit filed July 29, joined by the states of Utah and California, the accusations follow an FTC investigation dating back to October 2023.
FTC Targets Hims & Hers Data Sharing
The lawsuit marks the federal consumer watchdog's latest crackdown on healthcare companies that share sensitive information with outside firms without customers' knowledge. Hims & Hers, a publicly traded company founded in 2017, prescribes medication for sexual wellness, mental health conditions, weight loss, and other issues, handling a large volume of sensitive patient data in the process.
The FTC said the company "was only able to create audiences with such specificity because it flouted the promises it made to its users about treating their medical conditions 'privately' or keeping their health information private."
Pixel Trackers at the Center of the Complaint
In its complaint, the FTC alleged that Hims & Hers placed pixel-sized trackers provided by advertising and technology giants. These trackers, the FTC said, "captured and shared users' health information," contrary to the company's own privacy policy, and included:
- Meta,
- Snap,
- Microsoft,
- Pinterest,
- Reddit,
- X.
The agency also alleged the company directly uploaded customer lists to Meta and Snap's custom-audience systems, allowing those platforms to match subscribers to named social media profiles, in addition to using tracking tools that monitored clicks and other on-site actions.
Billing and Cancellation Allegations
The FTC further accused Hims & Hers of deceptive billing, including charging patients for prescriptions almost immediately after they submitted an intake form, despite marketing that implied a provider consultation would come first.
The filing also alleges it had cancellation policies that reportedly made it difficult for customers to end their subscriptions, in violation of federal consumer protection laws.
Hims & Hers Response and FTC Precedent
Hims & Hers pushed back firmly, calling the FTC's claims "baseless" in a statement on X and accusing the agency of "contorting the law to try to manufacture claims." The company said that its "customers have the information they need to make informed decisions about their care," adding its privacy policy "makes clear" that users "may choose how their data is used."
Hims & Hers said it plans to defend against the allegations. In the past, the company faced scrutiny over a misleading Super Bowl ad and compounded weight loss drugs.
The FTC has previously acted against other companies, including therapy provider BetterHelp over sharing mental health data with Meta and Snapchat.
An April Hims & Hers data breach led to the exfiltration of customer support ticket data via a third-party customer service platform.
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