Meta and Flo Health Face Landmark Privacy Trial Over Misuse of Sensitive Data

The trial in a class action lawsuit against Meta Platforms Inc. and Flo Health Inc., a menstrual period and pregnancy tracking app, is currently underway in San Francisco. The case centers on allegations that Flo Health shared users’ sensitive health data—including menstrual cycles, sexual activity, and pregnancy information—with third parties like Meta and Google without proper consent. If found liable under statutes such as the California Invasion of Privacy Act (CIPA) and the Confidentiality of Medical Information Act (CMIA), the companies could face substantial financial penalties, potentially totaling in the hundreds of billions or even quadrillions of dollars. ([reuters.com](https://www.reuters.com/legal/government/class-action-trial-looms-meta-flo-could-face-mind-boggling-damages-2025-07-15/?utm_source=openai))

The plaintiffs, represented by major class action law firms, argue that users were not adequately informed or did not consent to the data sharing, despite Flo’s privacy policies. Both Meta and Flo deny the allegations, asserting that the shared data was de-identified and that the use of software development kits for data analytics is standard practice. Google recently reached a confidential settlement related to the same claims. A U.S. District Judge recently certified the class, and Flo’s attempt to challenge that decision was rejected by an appeals court. The trial began on July 21, 2025, and could set a significant precedent in digital privacy enforcement. ([reuters.com](https://www.reuters.com/legal/government/class-action-trial-looms-meta-flo-could-face-mind-boggling-damages-2025-07-15/?utm_source=openai))

During opening statements, Meta’s attorney, Michele Johnson of Latham & Watkins LLP, stated, “Facebook never even received plaintiffs’ confidential communications, let alone eavesdrop or record.” ([news.bloomberglaw.com](https://news.bloomberglaw.com/ip-law/meta-denies-tracking-menstrual-data-in-flo-health-privacy-trial?utm_source=openai))

Flo Health, founded in London in 2015, has grown to become one of the most popular period and fertility tracking apps, with over 70 million monthly active users as of November 2024. ([en.wikipedia.org](https://en.wikipedia.org/wiki/Flo_%28app%29?utm_source=openai))

The outcome of this trial could have far-reaching implications for digital privacy, particularly concerning the handling of sensitive health information by tech companies. Legal professionals and corporate entities are closely monitoring the proceedings, as the verdict may influence future regulatory frameworks and corporate practices in data privacy.