Hims & Hers Health is facing backlash ahead of its Super Bowl LIX commercial, which is set to air on Sunday. The 60-second ad, which calls obesity “America’s deadliest epidemic,” criticizes the $160 billion weight loss industry, and claims that the U.S. health care system is “broken,” has sparked controversy. The company also promotes its “affordable, doctor-trusted” compounded semaglutide as a solution. Critics, including experts, advocates, and politicians, argue that the ad is “misleading” and “disparaging.” Hims & Hers, however, disputes these claims.
In response to complaints made by the Partnership for Safe Medicines and the Obesity Society (TOS), the company provided a statement to Yahoo Life, asserting that the ad is an effort to highlight the failure of the health care system. “This is a clear attempt by industry groups to cancel an advertisement that directly calls out how they are part of a system that fails to prioritize the health of Americans. The system is broken, and this is just another example of how they don’t want Americans to know they have options,” the company said.
The ad, which premiered on YouTube in January, features images of injection pens representing brand-name weight loss drugs like Ozempic and Wegovy. The ad uses Childish Gambino’s “This is America” as its soundtrack, aiming to emphasize the high costs of these medications. A link to the brand’s website in the ad also includes the statement, “Big Pharma doesn’t want you to see this,” which Hims & Hers believes is the root of the controversy. A company representative argued, “We called on the industry and said that they need to change — and their reaction is trying to shut this ad down.”
The backlash, however, centers on the advertising standards for prescription medications. The Partnership for Safe Medicines raised concerns in a letter to the Food and Drug Administration (FDA), pointing out that Hims & Hers mentions “life-changing weight loss medications” without clarifying that its semaglutide is a compounded version, not FDA-approved. The letter also notes that the disclaimer about this fact is in small gray font, making it nearly invisible to viewers, and there is no accompanying audio. Additionally, the ad fails to mention the possible side effects of the drug, despite the FDA’s warning that compounded medications can be risky due to a lack of safety, effectiveness, and quality reviews.
The FDA is aware of the complaints and has not yet issued a statement. Meanwhile, the Obesity Society urges consumers to consult with their doctors about obesity medications. The organization also criticized the ad for reinforcing harmful weight stigma. Dr. Marc-Andrew Cornier, president of the Obesity Society, said that the ad’s imagery of large, headless abdomens creates a negative response, casting a disparaging light on people living with obesity.
In response to the criticism, Hims & Hers maintains that it complies with all advertising laws and regulations, adding that compounded medications are subject to different standards than FDA-approved drugs. Senators Richard Durbin (D-IL) and Roger Marshall (R-KS) also sent a letter to the FDA, calling for legislation to address a “regulatory loophole” regarding compounded medications. The senators plan to introduce bipartisan legislation to ensure that such ads provide clear and accurate information, including safety and side effect disclosures.
