Hims & Hers Files Motion to Dismiss FTC Privacy Claims
Digital health operators should ensure their privacy disclosures explicitly account for third-party marketing data sharing.
Updated on Oct. 22, 2026 in Healthcare
Live Poll
Do you trust online health platforms to be transparent about sharing your data with advertisers?
Hims & Hers Health has filed a motion to dismiss a Federal Trade Commission complaint alleging the company shared sensitive consumer health information with third-party advertisers. The firm argues that its established privacy policy explicitly discloses these data-sharing practices to users.
Why it matters
The case highlights the growing regulatory scrutiny on how digital health platforms manage user data consent and the legal weight of privacy policy disclosures. For operators, it underscores the need for clear, proactive communication regarding data-sharing arrangements with marketing partners.
The filing marks a formal escalation in the dispute between Hims & Hers Health and federal regulators, centering on a single motion to dismiss versus the total scope of the FTC's data-sharing claims.
The players
Hims & Hers Health
A digital health platform that provides direct-to-consumer access to prescription and over-the-counter wellness products.
Federal Trade Commission
The U.S. regulatory agency responsible for enforcing consumer protection and preventing anticompetitive, deceptive, or unfair business practices.
The details
The dispute centers on how Hims & Hers handles user information during the account creation process. Hims & Hers contends that its privacy policy, which users must acknowledge when registering, informs customers that personal and sensitive information may be shared with marketing and advertising partners. The legal conflict hinges on whether these disclosures provide sufficient consent to satisfy federal health data regulations.
Timeline
October 22, 2026: Hims & Hers filed a motion to dismiss FTC claims.
Market Landscape
This case follows a broader trend of federal regulators aggressively applying data privacy protections to digital health platforms. It marks a significant test of how existing privacy policy disclosures stand up against the FTC's evolving interpretation of consumer health data security.
Operators should review their own privacy policies to ensure marketing-related data-sharing practices are explicitly disclosed to users during onboarding. Consult with legal counsel to assess whether current disclosures meet the standard required by federal regulators.
The takeaway
The outcome of this case will set a critical precedent for how digital companies justify data-sharing agreements with advertising partners. Operators should verify that their data-handling disclosures are front-and-center during the user sign-up flow to mitigate future regulatory risk.
Further reading
For broader trends in digital patient privacy, see our coverage of Healthcare.
Live Poll
Do you trust online health platforms to be transparent about sharing your data with advertisers?
