Meta Inc., the parent company of Facebook, Instagram and WhatsApp, has been found liable by a California federal jury for improperly using sensitive reproductive health data to run targeted ads, in a case involving the popular Flo Health period-tracking app. Eight women brought the lawsuit on behalf of a class of up to 38 million users, alleging that Flo shared intimate health details with Meta, Google, and others between 2016 and 2019, despite assurances that such data would remain private. The plaintiffs settled with Flo Health, Google, and Flurry before the trial.
Flo Health, the first mobile application to use artificial intelligence to predict reproductive cycles, invites users to log deeply personal information, including sexual activity, pregnancy goals, and birth control use. The plaintiffs argued that this data was transmitted through software development kits and monetized for advertising purposes without user consent.
The jury found violations of the California Invasion of Privacy Act and the state’s Confidentiality of Medical Information Act. Under these laws, damages can reach up to $5,000 per violation, placing Meta’s potential liability in the billions.
The outcome underscores that companies handling sensitive health-related information must honor privacy commitments, secure clear and informed consent, and avoid undisclosed data sharing. Misuse of intimate health data can lead to severe legal, financial, and reputational consequences.
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