$HIMS Moves to Dismiss All 9 Claims in FTC Lawsuit

Hims & Hers has filed a motion seeking dismissal of all nine claims in the FTC’s lawsuit against the company.
$HIMS argues that several of the FTC’s allegations depend on ignoring disclosures that were already presented to consumers.
On privacy, the company says its policy explicitly disclosed that personal information, including sensitive health-related data, could be shared with advertising partners.
Hims also argues that references to a “private” and “discreet” experience described the telehealth process itself rather than promising that customer data would never be used for advertising-related purposes.
The company is also pushing back on claims around subscription practices.
$HIMS says pricing, automatic renewals and payment terms were clearly disclosed during checkout before customers enrolled.
It further argues that customers could cancel through phone, email or chat, with broader online cancellation functionality added in April 2023.
The filing does not resolve the case, but it represents Hims’ attempt to eliminate the FTC’s claims before trial.
The FTC’s response is due November 25, with a hearing scheduled for January 7, 2027.
For investors, the next key issue is whether the court accepts any of these arguments and narrows the regulatory risk facing the company.