Hims & Hers Moves to Dismiss FTC Data Sharing Suit
The health platform is pushing back against government claims regarding its handling of consumer health information.
Updated on Oct. 22, 2026 in Healthcare
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Hims & Hers Health has filed a motion to dismiss a federal lawsuit alleging it illegally shared sensitive consumer data with third-party advertisers. The company contends that its actions align with its established privacy policy.
Why it matters
The case centers on how digital health companies disclose the sharing of sensitive user information with marketing partners. This legal battle could clarify industry standards regarding user consent and privacy policy transparency in the digital age.
The company's defense relies on a single mandatory privacy policy that users must acknowledge during account creation. It remains unknown how the court will interpret these disclosures regarding the sharing of personal information with third-party platforms.
The players
Hims & Hers Health
This company is a telehealth platform that provides remote medical consultations and ships prescription medications and personal care products directly to consumers.
Federal Trade Commission
The Federal Trade Commission is a United States federal agency that protects consumers and promotes competition by preventing deceptive and unfair business practices.
The details
Hims & Hers argues that its privacy policy explicitly notifies users that personal and sensitive information may be shared with advertising platforms. The FTC alleges this practice violates consumer protection standards by failing to properly inform users about the extent of their data distribution.
Timeline
Hims & Hers filed its motion to dismiss the FTC claims on October 22, 2026.
Market Landscape
This dispute reflects a broader industry trend where regulators are intensifying their scrutiny of how digital health firms handle user data under the Federal Trade Commission Act. The outcome will likely redefine how direct-to-consumer medical brands manage their marketing partnerships.
Users of digital health platforms should regularly review the privacy settings and service agreements of the apps they use to manage their personal health. The outcome of this legal challenge may eventually lead to clearer, more prominent disclosures regarding how health data is used for marketing.
The takeaway
Privacy policies often contain complex clauses regarding data sharing that many users overlook during registration. Customers should be mindful that their digital health activities frequently involve third-party marketing services as part of the platform business model.
Further reading
For more context on the industry, visit the United States Healthcare section.
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