The San Francisco telehealth and pharmacy company Him & Hers asked a federal judge to throw out a suit brought by the FTC, Utah and California, arguing that its consent flows and privacy policy disclosed everything regulators now call deceptive.
The complaint landed in August 2026 in the Northern District of California. It accused the company of trapping consumers in recurring prescription subscriptions they never clearly agreed to buy, making cancellation hard, and telling customers their medical data was private while feeding it to advertising platforms.
Condition-specific data went to Meta
Hims sells treatment for mental health conditions, erectile dysfunction and premature ejaculation, which puts the advertising audience itself in sensitive territory. Regulators pointed to Meta Pixel and the Meta Conversions API sending encounter data back to Meta, plus tools from Snap, Microsoft, Google, Criteo and Pinterest.
Investigators also flagged marketing language promising the platform was 100% online, private and secure, with records reached only by treating clinicians.
The company’s rebuttal
Hims says intake screens state pricing and terms before submission, that charges only follow an issued prescription, and that the policy it requires customers to acknowledge expressly allows sharing personal information with marketing partners, including sensitive details.
Judge Vince Chhabria hears the motion on January 7, 2027. Direct-to-consumer health apps should watch the outcome closely, because the defense turns on whether a privacy policy disclosure cures a contradictory marketing claim.
