Hims House

๐Ÿšจ THE FTC SUES HIMS & HERS -- Full breakdown with Gaston Kroub

September 2, 2026ยท53 min
Episode Description from the Publisher

Thanks to our partner:Superpower - https://superpower.comJonathan Stern talks with Gaston Kroub, founding partner of K2K Law, registered patent attorney, and Hims House's resident legal expert on his third appearance, about the FTC's July 29 federal complaint against Hims & Hers. Kroub calls the filing a public "marketing document" aimed at a quick settlement and ranks three allegation buckets: health data sharing with Meta and Snap as the most exposure, hard cancellation under ROSCA (Restore Online Shoppers' Confidence Act) second, charging before a real consultation as the least dangerous. The case is in the Northern District of California before Judge Vince Chhabria; an overbroad sealing request triggered an order to show cause that was later lifted with a warning, and Hims' response is due Sept. 28 with an initial case management conference Oct. 30. They walk through Hims' defense lineup at BakerHostetler and Keker Van Nest & Peters, treat the $62.5M legal accrual as likely the low end of a settlement, and cover co-plaintiffs Utah and LA County. His likely path is a payment plus operational changes; absent a deal, litigation could run years, and he treats the Visa chargeback spike as a minor narrative risk.00:00 - Sponsor: Superpower01:35 - Complaint is a "marketing document"03:52 - He ranks the three buckets08:15 - Amazon Prime and Uber first11:53 - ROSCA stretched to health data17:12 - Northern District of California and Judge Chhabria19:44 - Overbroad sealing nearly got sanctions23:57 - BakerHostetler and Keker26:12 - The $62.5M legal accrual27:32 - A Motion to Dismiss costs six figures28:51 - $50M floor, nine-figure ceiling?30:31 - Utah and LA County33:06 - Pay, plus changes to the flows35:46 - Would Ro and Noom have to follow?38:00 - Why Hims, not Ro39:42 - Visa's chargeback watchlist43:03 - Worst case vs most likely scenarios48:41 - Next steps in the case51:23 - Change the flows now, or wait?Disclaimer: This podcast is for informational and entertainment purposes only. Nothing discussed should be considered financial, investment, or legal advice. Always consult with a qualified professional before making financial decisions.

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