The news: A California court ruled Meta’s collection of menstrual health data violated state privacy laws.

The lawsuit on behalf of 13 million California Flo app users originally included Google, Flo, and several ad analytics companies. Google settled in July, and Flo settled last week.

Digging into the details: Flo Health tracks menstrual cycles and fertility for more than 100 million users globally. The app maintains it doesn’t share data, but the lawsuit said it allowed Meta to collect information for targeted advertising.

• The FTC also sued Flo in 2021 over the same data sharing with Facebook, Google and ad analytics companies. The FTC settlement that same year included Flo’s promise to get consent from users before sharing the data with third parties.
• The case sets a precedent as the first time a jury is holding Big Tech accountable for health data misuse, per STAT.

Why it matters: The FTC ramped up its enforcement of healthcare data privacy last year, but until now has mostly targeted digital health companies including GoodRx, BetterHelp, and Amazon’s One Medical with fines. However, Meta’s loss in California could open the door to more federal action against tech companies.

The takeaway: The Meta case puts tech companies that use health data for ad targeting and marketing on notice. Explicit consent and absolute transparency is not only legally critical around healthcare data, but also key to building trust with consumers.

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