The news: Hims & Hers is being sued by the Federal Trade Commission (FTC), along with the states of California and Utah, over allegations that it improperly shared consumers' sensitive health information and engaged in deceptive billing and cancellation practices.
The suit alleges that Hims shared consumers' sensitive health information with advertising platforms like Meta and Snap, charged consumers before the promised provider consultations took place, enrolled them in recurring subscriptions without adequately disclosing this, and made it difficult for them to cancel. Hims said in a statement that the lawsuit disregards evidence it provided during the investigation and that it plans to vigorously defend itself against what it called baseless claims.
Zooming out: In recent years, the FTC has focused its healthcare and telehealth enforcement on consumer health data privacy, deceptive advertising, and billing and cancellation practices. Since 2023, the agency has settled with GoodRx, BetterHelp, Cerebral, and NextMed, and filed complaints against Zealthy/Gronk and Bruno Health, alleging violations ranging from improper health data sharing to deceptive subscription and cancellation practices.
Why it matters: With about 2.6 million subscribers, Hims is the one of the largest telehealth companies the FTC has targeted to date. Its shares fell more than 12% following the lawsuit announcement.
The lawsuit also adds to mounting regulatory scrutiny of Hims. Earlier this year, the FDA issued a warning letter over misleading marketing claims tied to compounded GLP-1 weight-loss drugs. In December, the company's compounding pharmacy, MedicsourceRx, received a warning letter over alleged manufacturing violations.
Implications for telehealth providers: After launching a specialized Healthcare Task Force in March and naming digital health and telehealth as enforcement priorities, the FTC's lawsuit against Hims is unlikely to be its last action against the sector. High-profile cases like this can shape how consumers perceive telehealth brands broadly, regardless of the legal outcome.
For companies built on recurring memberships and long-term patient relationships, regulatory scrutiny of subscription management and data privacy can quickly erode consumer trust. That makes transparent subscription terms and cancellation policies, along with clear explanations of data privacy practices, more important than ever. It also means retention strategies need to rest on clinical value—high-quality care experiences and provider consultations as needed—rather than on friction.
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