More states join FTC case vs Hims & Hers

On November 10, 2026, the Federal Trade Commission filed an amended complaint expanding its lawsuit against telehealth provider Hims & Hers Health (HIMS) over alleged deceptive and unlawful practices. The updated filing adds Arizona, Florida, Nebraska, Ohio and Wisconsin as co-plaintiffs, joining existing state participants Utah and California. The case centers on claims that the company misled consumers about privacy protections and engaged in problematic billing and subscription practices.

The amended complaint was authorized by a 2-0 Commission vote and filed in the U.S. District Court for the Northern District of California. The case will be decided by the court, following the FTC’s determination that it has reason to believe the defendants are violating or are about to violate applicable laws and that proceeding is in the public interest.

Regulators allege that Hims & Hers shared consumers’ sensitive health information with third-party advertising platforms while representing that its services maintain user privacy. The complaint states that health information related to medical conditions was provided to platforms such as Meta (META) and Snap (SNAP). This sharing allegedly occurred both through lists of certain customers and through third-party tracking technologies.

The FTC and its state partners first raised these privacy allegations in July, asserting that Hims & Hers misled consumers about keeping their health information private. The amended complaint maintains that this conduct contravenes assurances made to users about confidentiality of their health data when using the company’s telehealth services.

Beyond privacy, the complaint challenges aspects of Hims & Hers’ billing and prescription practices. It alleges the company fails to clearly disclose that it charges consumers for prescriptions almost immediately after they submit an intake form. The complaint says this occurs even though consumers are told they will be able to consult with a medical provider to find a treatment that is “right for them.”

The complaint also contends that Hims & Hers has made it difficult for consumers to cancel subscriptions. These alleged practices fall under broader concerns about online payments, billing transparency and subscription management in telehealth and digital commerce.

The amended filing asserts that Hims & Hers has violated consumer protection laws in Arizona, Florida, Nebraska, Ohio and Wisconsin, in addition to previously cited statutes in California and Utah. At the federal level, the complaint alleges violations of the FTC Act and the Restore Online Shoppers’ Confidence Act. By adding five states as co-plaintiffs, the case now reflects a wider multistate effort coordinated with the FTC.

With seven states and the FTC now aligned in the action, the lawsuit positions Hims & Hers under heightened regulatory scrutiny over how it handles sensitive health data and structures its online billing and subscription systems. The ultimate outcome and any remedies will be determined through the court process in the Northern District of California.