Frasco v. Flo Health Inc.

On October 12, 2021, Judge James Donato of the United States District Court for the Northern District of California appointed Labaton Keller Sucharow as co-lead counsel in a consolidating multiple lawsuits against defendants including women’s health app developer Flo Health Inc (Flo Health), and major tech companies Meta Platforms Inc. (Meta), and Google.

Flo Health is the developer of an app that tracks sensitive health information including menstrual cycles and pregnancy.  Defendants Meta and Google are technology companies that, among other things, provide Software Development Kits (SDKs) to companies like Flo.  The Frasco v. Flo Health action alleges that Flo Health allowed Facebook, Google, and others to eavesdrop on Flo Health users’ confidential, in-app health communications without users’ consent, through their in-app SDKs.

On May 19, 2025, the Court certified a Nationwide Class of for Plaintiffs’ the California Confidentiality of Medical Information Act (CMIA), breach of contract, and intrusion upon seclusion claims against Flo Health:

All Flo App users in the United States who entered menstruation and/or pregnancy information into the Flo Health App between November 1, 2016, and February 28, 2019, inclusive.

The Court also certified a California sub-class for Plaintiffs’ invasion of privacy claim against Flo under Art. 1, Sec. 1 of the California Constitution, and Children's Internet Protection Act (CIPA) § 632 claim against Meta and Google:

All Flo App users in California who entered menstruation and/or pregnancy information into the Flo Health App while residing in California between November 1, 2016, and February 28, 2019, inclusive.

The Court has also denied Flo Health, Meta, and Google’s summary judgment motions.  

Before proceeding to trial, Google and Flurry agreed to settle their claims.

On July 21, 2025, the case proceeded to trial in the United States District Court, Northern District of California.

On July 31, 2025, amidst the trial, Flo Health settled to resolve claims against them under the CMIA.

On August 1, 2025, the jury found Meta liable for its role in the unauthorized collection and commercial use of highly personal health data, which plaintiffs argued was used to strengthen Meta’s advertising business.  The jury verdict applies solely to Meta.

Unless excluded, you are a member of the Nationwide Class if you were a Flo Health user in the United States who entered menstruation and/or pregnancy information into the Flo Health App between November 1, 2016, and February 28, 2019, inclusive (the Class Period).  Unless excluded, you are a member of the California Subclass if you were a California resident who entered menstruation and/or pregnancy information into the Flo Health App during the Class Period.  Unless excluded, you will be bound by all orders and judgments in the Action, whether favorable or unfavorable.

If you wish to exclude yourself from this action and the Class, the exclusion deadline to opt out is July 20, 2025.  To opt out through the case website, please visit: www.PeriodTrackerDataPrivacyLitigation.com and click on the “Request for Exclusion” tab.

Class Action Trial Date Set

A jury trial began at 9:00 a.m. PT on July 21, 2025.  The trial was held in the United States District Court, Northern District of California, San Francisco Courthouse, Courtroom 11, 19th Floor, 450 Golden Gate Avenue, San Francisco, CA 94102.

If you have questions about the class action lawsuit, please contact the Notice Administrator at info@PeriodTrackerDataPrivacyLitigation.com or call (866) 778-9626.

Additional information about the class action lawsuit can be found at www.PeriodTrackerDataPrivacyLitigation.com, or by downloading one of the Notice forms linked on the left-hand side of this web page.