The Federal Trade Commission, California and Utah have sued Hims & Hers Health, Inc., alleging the telehealth company misled consumers about prescription charges, subscription cancellation and the privacy of sensitive health information.
The complaint was filed July 29, 2026, in the U.S. District Court for the Northern District of California. The case is Federal Trade Commission et al. v. Hims & Hers Health, Inc., No. 3:26-cv-07871.
The lawsuit is a government enforcement action, not a class-action settlement. The allegations have not been proven in court, and there is currently no settlement fund, claim form or compensation deadline.
What the Hims & Hers lawsuit alleges
The government complaint alleges that Hims & Hers promoted free consultations and told consumers they could connect with a medical provider to determine whether a treatment was right for them.
According to the filing, most consumers in states that do not require real-time telehealth consultations instead submitted an online intake form and were charged for a prescription treatment shortly after a provider reviewed it. The complaint alleges that consumers could be enrolled in a recurring prescription subscription before they had an opportunity to review the recommended treatment or expressly agree to purchase it.
Hims & Hers has not been found liable for these allegations. The company will have an opportunity to respond in court.
What the complaint says about recurring charges
The filing alleges that Hims & Hers did not clearly disclose when refill charges would occur.
It says prescription subscriptions were commonly offered in one-, three-, six- or 12-month intervals, but that the company routinely processed the first refill before the interval consumers selected. The complaint gives the example of a monthly subscription whose first refill could be charged on day 20, with cancellation required by day 18 to avoid the charge.
The FTC alleges those timing and cancellation terms were not presented clearly and conspicuously before consumers submitted billing information.
What the lawsuit says about cancellation
The complaint alleges that Hims & Hers made subscription cancellation difficult for years.
After the company added an online cancellation flow for most website users in April 2023, consumers allegedly had to begin by selecting an “Add/remove items from order” option that did not mention cancellation. The filing says consumers then had to remove treatment items, find a later cancellation option and click through roughly three to 10 additional survey screens before the request was accepted.
The government alleges that these practices violated the Restore Online Shoppers’ Confidence Act, which imposes disclosure, consent and cancellation requirements on certain online negative-option offers.
What health information was allegedly shared
The lawsuit also alleges that Hims & Hers promised consumers a private and secure telehealth process while sharing sensitive health information with advertising platforms.
The complaint says Hims & Hers shared information with Meta and Snap through customer-list matching and website tracking technologies. It also identifies pixels associated with other advertising platforms, including Google, Microsoft, Pinterest, Reddit, TikTok, Spotify Ad Analytics, X and others.
According to the filing, the information related to consumers seeking treatment for private medical conditions, including mental health, erectile dysfunction and premature ejaculation. Some details in the publicly filed complaint are redacted.
These claims remain allegations. The court has not ruled that Hims & Hers violated privacy or consumer-protection law.
Who brought the case
The plaintiffs are:
- the Federal Trade Commission;
- the People of the State of California, acting through Los Angeles County Counsel; and
- the Utah Division of Consumer Protection.
The FTC alleges violations of the FTC Act and the Restore Online Shoppers’ Confidence Act. California alleges violations of its Unfair Competition Law and False Advertising Law. Utah alleges violations of the Utah Consumer Sales Practices Act.
What the government is seeking
The complaint asks the court for a permanent injunction, monetary relief, civil penalties and other relief allowed by federal and state law. California also seeks restitution, while Utah’s enforcement announcement says the states seek restitution for affected consumers and disgorgement of allegedly unlawful profits.
No amount has been awarded, and the filing does not establish a consumer claims process.
What consumers should know now
This case is at the complaint stage. There is currently:
- no certified class;
- no settlement agreement;
- no claim form;
- no compensation deadline; and
- no guarantee that consumers will receive money.
Utah officials are encouraging affected consumers to submit complaints through the Utah Division of Consumer Protection. Consumers elsewhere may report suspected deceptive business practices through the FTC’s ReportFraud portal or the appropriate consumer-protection authority in their state.
This article reports on allegations in a government complaint and does not provide legal or medical advice.
What happens next
Hims & Hers will have an opportunity to answer or otherwise respond to the complaint. The court may later address motions, discovery, liability and any request for monetary or injunctive relief.
Class Action Pulse will update this article if the court enters an order, the parties reach a settlement or an official consumer compensation process opens.