Five States Join FTC Suit Accusing Hims and Hers of Sharing Health Data

On Nov. 10, 2026, the Federal Trade Commission announced that five more states had joined its lawsuit against Hims & Hers, a telehealth company that sells prescription treatments and subscriptions to consumers online. The FTC filed an amended complaint in the U.S. District Court for the Northern District of California, adding Arizona, Florida, Nebraska, Ohio and Wisconsin as co-plaintiffs. The Commission voted 2-0 to authorize staff to file it.

The health-data allegations were first made on July 29, 2026, by the FTC and its initial state partners, Utah and California. CNBC reported that the FTC formally shared its investigation findings with the company in April 2026, and that settlement talks followed. The amended complaint brings the number of state plaintiffs to seven. California is acting through the Los Angeles County Counsel. The case will be decided by the court.

What the Complaint Says About Health Information

The complaint alleges that Hims shared consumers’ sensitive health information with third-party advertising platforms, including Meta and Snap. The FTC says the company did this even though it claimed its services keep consumers’ information private.

The FTC’s description says the information went to Meta, Snap and other third parties. These are allegations, and the FTC’s announcement presents them that way.

The July complaint describes two routes. Customer lists, identified by health condition or treatment type, were allegedly shared with advertisers for targeted ad campaigns. Website pixels and software development kits also allegedly sent records of user actions about health-related content and services.

The FTC also points to statements beyond the privacy policy, including the company’s home page, online and offline ads and paid influencer endorsements. Many influencers described the service as “discreet.” The FTC says these statements conflicted with the company’s privacy representations.

For readers who buy prescription treatments or subscriptions online, the complaint covers both how personal health information is handled and how they are billed.

Court and Vote
The FTC announced the amended complaint on Nov. 10, 2026, after the Commission voted 2-0 to authorize staff to file it in the U.S. District Court for the Northern District of California.

Billing and Cancellation Practices Named in the Filing

The amended complaint also alleges that Hims does not clearly disclose that it charges for prescriptions almost immediately after consumers submit an intake form. The FTC says the company tells consumers they can consult a medical provider to find a treatment that is “right for them.” The original complaint alleges that most consumers did not receive a provider consultation before being charged.

The complaint further alleges that Hims makes it difficult for consumers to cancel subscriptions. The July complaint also describes refill charges processed about 10 days earlier than consumers would reasonably expect, with cancellation required two days before that earlier date.

Which States Joined and Under What Laws

The five states that joined the amended complaint are Arizona, Florida, Nebraska, Ohio and Wisconsin. They join Utah and California, which were already part of the case. California is acting through the Los Angeles County Counsel. The sources differ on California’s co-plaintiff in the July filing: Shumaker names the County of Los Angeles, acting through its County Counsel, while Venable names the California Attorney General.

The amended complaint alleges violations of the FTC Act and the Restore Online Shoppers’ Confidence Act. It also alleges violations of the consumer protection laws of Arizona, Florida, Nebraska, Ohio, Wisconsin, California and Utah. Venable reports that California also alleged in the July filing that the company’s conduct violates the state constitution.

The Commission voted 2-0 to authorize staff to file the amended complaint, and the FTC announced the filing on Nov. 10, 2026.

The amended complaint sets out allegations rather than findings.

What Is Not Yet Known and What Comes Next

The FTC announcement does not state what relief the agency is seeking, such as monetary or injunctive relief. It also does not describe any scheduled court proceedings.

Hims & Hers has disputed the suit. In a post on X on July 29, 2026, responding to the original complaint, the company said the complaint disregarded substantial evidence it provided during the investigation, and that its privacy policy lets patients choose how their data is used. The release does not record a response from Hims & Hers.

The case will be decided by the court. Until then, the amended complaint sets out allegations rather than findings.