US trade regulator adds five states to Hims and Hers lawsuit

Sole source: The US Federal Trade Commission says it has filed an amended complaint adding Arizona, Florida, Nebraska, Ohio and Wisconsin as co-plaintiffs in its lawsuit against Hims and Hers. Utah and California, acting through Los Angeles County Counsel, were already parties to the case.

The commission and its initial state partners first raised the privacy allegations in July. The amended complaint adds claims under the five states’ consumer-protection laws to existing claims under California and Utah laws and two federal laws: the FTC Act and the Restore Online Shoppers’ Confidence Act.

Privacy and subscription allegations

The complaint also alleges that the company fails to clearly disclose that it charges customers for prescriptions almost immediately after they submit an intake form. The FTC says customers are told they can consult a medical provider to find a suitable treatment, and alleges that the company has made subscriptions difficult to cancel.

Hims & Hers Health provides prescription and over-the-counter medications and personal care products through a direct-to-consumer subscription model.

Case goes to federal court

The commission voted 2-0 to authorize its staff to file the amended complaint in the US District Court for the Northern District of California. The court will decide the case; the complaint’s claims are allegations, not court findings. The commission says it files a complaint when it has reason to believe the named defendants are violating or are about to violate the law and it considers a proceeding to be in the public interest.