Hims & Hers 'shared sensitive health information' with ad platforms, FTC charges

When consumers fill out an introductory form on the Hims & Hers site, the company promises that their confidential health and medical information will be treated as private and not shopped around to third parties. But instead, it sells the information to internet ad platforms, a lawsuit filed by the Federal Trade Commission, Utah, California, and the Los Angeles County Counsel alleges.

“The FTC’s complaint lays out a troubling scenario—consumers unknowingly locked into recurring subscriptions and the disclosure to third parties of consumers’ most private health information without their consent,” said Christopher Mufarrige, Director of the FTC’s Bureau of Consumer Protection, in a news release.

In a complaint filed in federal court, the FTC and its state and local partners allege that Hims & Hers fails to clearly disclose that it charges consumers for prescriptions almost immediately after they submit an intake form, despite telling consumers that they will be able to consult with a medical provider to find a treatment that is “right for them.”

"From day one, we built our platform with a focus on transparency, informed decision-making, and a deep respect for the privacy of the people we serve," Hims says on its website. "Protecting your privacy and earning that trust is work we take seriously every single day."

Hard to cancel

The FTC also alleges that the company has made it difficult for consumers to cancel subscriptions and misled consumers about keeping their health information private. The FTC alleges that Hims shared consumers’ health information with Meta, Snap and other third parties. Meta publishes Facebook, Instagram and other social media sites.

San Francisco-based Hims and Hers provides telehealth services and direct-to-consumer prescription medications for certain conditions. Consumers who express interest in Hims’ services must fill out an online intake form for review by a medical provider before obtaining treatment.

In advertisements and on its website, Hims has claimed that consumers can “connect” and consult with a medical provider through the Hims site to determine whether they need prescription medication. When consumers fill out their intake form, they are asked to provide their billing information despite assurances that they will not be charged unless and until medications are prescribed, according to the complaint.

The FTC alleges, however, that the site does not give most consumers a consultation with a provider. Instead, by submitting their intake form, most consumers will unknowingly be charged for and subscribed to a prescription treatment without having a chance to review or approve it.

According to the complaint, Hims enrolls consumers in recurring subscription plans for those treatments shortly after receiving consumers’ intake forms.

In addition, the complaint alleges that Hims fails to clearly and conspicuously inform consumers when their prescriptions will be refilled each month, making it difficult to cancel before the next billing cycle.

These practices have generated numerous complaints from consumers. One complained that, “I was told that I would be able to speak with a doctor in a few days and that nothing would be charged to my card that day. Him’s & Her’s [sic] charged me immediately! I never gave consent to apply charges before I spoke with a healthcare professional.”

The FTC also alleges that the company makes it extremely difficult to cancel its subscriptions. Prior to 2023, Hims only allowed most consumers to cancel by contacting customer service via phone, email or chat and imposed additional hurdles that made it difficult for consumers to cancel.

Even after introducing online cancellation to most consumers in 2023, the company made it difficult for them to cancel their subscriptions by hiding the cancellation button from consumers, the FTC alleges. The button appeared only after these consumers selected an option to “add/remove items from order” and navigated several steps before they even saw the word “cancel.”

Consumers' privacy violated

In addition, the complaint alleges that Hims shared consumers’ sensitive health information with third-party advertising platforms such as Meta and Snap despite promising to protect patient privacy.

The FTC said Hims shared its consumers’ health information with advertising platforms by sharing lists of certain customers with those companies. Hims also shared consumers’ health information via third-party tracking technologies that automatically shared certain “Events”—the actions of visitors on Hims’ website—with those companies.

The FTC alleges these practices have violated the FTC Act and the Restore Online Shoppers’ Confidence Act, which prohibits deceptive billing and subscription practices. Utah alleges violations of the Utah Consumer Sales Practices Act, and California alleges violations of California’s False Advertising and Unfair Competition Laws.