Hims & Hers lawsuit overview:
- Who: The Federal Trade Commission, the people of the State of California and the Utah Division of Consumer Protection filed a federal lawsuit against Hims & Hers Health Inc.
- Why: The plaintiffs argue Hims & Hers misleads consumers by charging for unwanted prescription medication subscriptions.
- Where: The Hims & Hers lawsuit was filed in California federal court.
A new lawsuit, led by the Federal Trade Commission (FTC), alleges Hims & Hers Health charged consumers for prescription medication subscriptions they never agreed to purchase, deceiving them about the company’s billing practices.
The FTC, joined by the people of the State of California and the Utah Division of Consumer Protection, filed the Hims & Hers lawsuit on July 29 in the U.S. District Court for the Northern District of California.
The plaintiffs claim Hims & Hers “has misled hundreds of thousands of consumers” into paying for subscriptions through intake forms suggesting a purchase was not required.
“Contrary to Hims’ representations, Hims routinely charges consumers for prescription treatments and enrolls them in subscription plans for those treatments almost immediately after receiving consumers’ medical intake forms. Consumers have virtually no opportunity to review the provider’s recommended treatment, much less consent to it,” the Hims & Hers lawsuit states.
Hims & Hers advertised a “free consult” and told consumers at checkout they would “only be charged if prescribed,” the lawsuit says, though most consumers were charged before ever learning what treatment had been recommended.
The complaint also alleges Hims & Hers failed to clearly disclose refill charge dates, requiring consumers to contact customer service, then hiding a workable cancel option behind screens that never used the word “cancel.”
“Accordingly, consumers have suffered, and continue to suffer, significant injury by being forced to pay for medical treatment that they did not consent to or wish to purchase,” the Hims & Hers lawsuit says.
Hims & Hers accused of sharing health data with Meta, Snap despite data privacy promises
The Hims & Hers lawsuit further alleges violations of data privacy, promising confidentiality while funneling patients’ health details to advertisers.
According to the lawsuit, Hims & Hers assured consumers its service was “100% online, private and secure” and that their “medical records and sensitive information are only accessed by the medical providers managing your care.”
The FTC lawsuit claims Hims & Hers shared health information with Meta, Snap and other platforms through tracking tools, such as the Meta Pixel, which captured website activity for targeted ads.
The plaintiffs allege violations under the FTC Act, the Section 4 of the Restore Online Shoppers’ Confidence Act, California’s consumer protection laws and the Utah Consumer Sales Practices Act.
The joint action seeks a permanent injunction, monetary judgment, disgorgement and civil penalties against Hims & Hers.
Earlier this year, two separate class action lawsuits were filed claiming Hims & Hers failed to prevent a data breach that exposed consumers’ personal and medical information.
Has Hims charged you for an unwanted prescription medication subscription? Let us know in the comments.
The FTC is represented by Siobhan C. Amin, Barbara Chun and Jordan Navarrette. California is represented by Dawyn R. Harrison, Scott Kuhn, Andrea Ross, Hannah Flores and Peter S. Lee of the Los Angeles County Counsel’s Office and Christina Tusan and Adrian Barnes of Tusan Law P.C. Utah is represented by Derek E. Brown, Douglas Crapo, Alexandra Butler and Daniel Ruskin of the Utah Attorney General’s Office.
The Hims & Hers FTC lawsuit is Federal Trade Commission, et al. v. Hims & Hers Health Inc., Case No. 3:26-cv-07871, in the U.S. District Court for the Northern District of California
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