Hims defends its privacy disclosures against FTC health-data allegations
The FTC challenges Hims's health-data sharing and privacy assurances. Hims argues its policy disclosed advertiser sharing. The dismissal dispute concerns what customers were told and whether those statements satisfied the company's legal obligations.
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Published by The Dispute Index editorial teamPublished Updated
Overview
The FTC and state plaintiffs allege Hims misled consumers about health-data privacy while sharing information with advertisers. Hims says its privacy policy disclosed sharing and asks for dismissal. The dispute concerns whether those disclosures answer the alleged privacy promises.
Read the full background
The FTC complaint (opens in a new tab) alleges that Hims promised health information would be private while sending advertising platforms information identifying people and the treatments they sought. It alleges inadequate disclosure through at least May 2024.
Hims's October 22 defense memorandum (opens in a new tab) argues that its privacy policy disclosed sharing with advertising partners. It also argues that descriptions such as private and discreet concerned access to online care. The policy passage the company quotes excludes information it defines as Protected Information.
The dispute concerns whether the alleged assurances and disclosures adequately explained the sharing practices. The dismissal motion presents the company's argument; it does not resolve what information was shared or what each consumer was shown.
Timeline
2 timeline entries on this page. Dates: July 29, 2026 to October 22, 2026
July 2026
FTC and state plaintiffs sue Hims & Hers
Claim
The lawsuit challenges privacy representations and health-data sharing, along with subscription practices.
[01]FTC and state plaintiffs' complaint against Hims & Hers
The complaint alleges misleading privacy assurances and disclosure of health information to advertising platforms, alongside subscription claims.
FTC and state plaintiffs' complaint against Hims & HersNo. 3:26-cv-07871; complaint dated July 29, 2026; unredacted copy listed August 31; privacy allegations
October 2026
Hims seeks dismissal and cites privacy disclosures
Hims asks the court to dismiss the case and argues that its policy disclosed information sharing with advertisers.
[02]Hims & Hers notice of motion and motion to dismiss, October 22, 2026
Hims & Hers moves to dismiss under Rules 12(b)(1) and 12(b)(6); the notice identifies the accompanying memorandum, declarations and exhibits.
Hims & Hers notice of motion and motion to dismiss, October 22, 2026ECF 58, notice and signature dated October 22, 2026[03]Hims & Hers memorandum supporting its motion to dismiss, October 22, 2026
Counsel for Hims & Hers argues that the company disclosed sharing with advertising partners and disputes the FTC interpretation of privacy assurances. The policy language quoted in the brief excludes information defined as Protected Information.
Hims & Hers memorandum supporting its motion to dismiss, October 22, 2026ECF 58-1, Background II.C and Argument IV.A.1-2, printed pages 4 and 6-9
Response record
Responses
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2 responses. Newest first.
Hims & Hers HealthHims & Hers Health, defendantDirectly involved Before this statement
In its argument on the FTC's deception claim, Hims says the privacy policy must be considered alongside the complaint's allegations.
"The H&H Privacy Policy clearly discloses the existence of the third-party advertising Plaintiffs are complaining of."
Defended or excusedCase context: Hims defends its privacy disclosures against FTC health-data allegations
Full statement and sources
Hims argues that its privacy policy disclosed sharing with advertising partners and that the FTC's privacy claims should be dismissed.
After the statement
The brief cites a policy passage about marketing and advertising partners. Its quoted language excludes information defined as Protected Information; the company also argues that private and discreet describe the online-care experience.
Hims & Hers memorandum supporting its motion to dismiss, October 22, 2026ECF 58-1, Background II.C and Argument IV.A.1-2, printed pages 4 and 6-9Why this label?
The reference is Hims's challenged health-data sharing and privacy assurances. The company presents its disclosures as an adequate explanation of those practices and a reason to dismiss the privacy claims.
This label describes the statement's response within the context above.
Federal Trade CommissionFederal Trade Commission, plaintiff with state authoritiesDirectly involvedBefore this statement
The complaint also raises subscription and cancellation allegations.
"Action: Filed a complaint alleging that Hims misled consumers about health-data privacy and disclosed sensitive information to advertising platforms."
CondemnedCase context: Hims defends its privacy disclosures against FTC health-data allegations
Full statement and sources
The FTC alleges that Hims's promises about privacy misled consumers about disclosures to third-party advertising platforms.
After the statement
The privacy claims concern the promises and disclosures described in the pleading; the filing does not itself prove them.
FTC and state plaintiffs' complaint against Hims & HersNo. 3:26-cv-07871; complaint dated July 29, 2026; unredacted copy listed August 31; privacy allegationsWhy this label?
The reference is the health-data sharing and related privacy assurances. The complaint expressly challenges those practices as unlawful.
This label describes the statement's response within the context above.
Sources
(3)
Original text
FTC and state plaintiffs' complaint against Hims & Hers
Relevant passage: No. 3:26-cv-07871; complaint dated July 29, 2026; unredacted copy listed August 31; privacy allegations
About this source
The complaint alleges misleading privacy assurances and disclosure of health information to advertising platforms, alongside subscription claims.
- Author
- Federal Trade Commission and state plaintiffs
- Published
- Accessed
Original text
Hims & Hers notice of motion and motion to dismiss, October 22, 2026
Relevant passage: ECF 58, notice and signature dated October 22, 2026
About this source
Hims & Hers moves to dismiss under Rules 12(b)(1) and 12(b)(6); the notice identifies the accompanying memorandum, declarations and exhibits.
- Published
- Accessed
Original text
Hims & Hers memorandum supporting its motion to dismiss, October 22, 2026
Relevant passage: ECF 58-1, Background II.C and Argument IV.A.1-2, printed pages 4 and 6-9
About this source
Counsel for Hims & Hers argues that the company disclosed sharing with advertising partners and disputes the FTC interpretation of privacy assurances. The policy language quoted in the brief excludes information defined as Protected Information.
- Published
- Accessed
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Cite this record
- Publisher
- The Dispute Index
- Title
- Hims defends its privacy disclosures against FTC health-data allegations
- First published
- Last updated
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The Dispute Index. "Hims defends its privacy disclosures against FTC health-data allegations". First published: 2026-10-27. Last updated: 2026-10-27. https://disputeindex.com/cases/hims-ftc-health-data-privacy-disclosures