Flo Health Inc., maker of a popular menstrual tracking app accused of sharing sensitive health data of millions of women with Meta Platforms Inc. and Google LLC, reached a settlement Thursday, partly resolving a sweeping privacy case.
The agreement comes a day before Flo and Meta were set to provide closing arguments to the jury at the end of a two-week long trial in San Francisco concerning whether companies shared data about the dates and lengths of users’ periods without their permission, violating a range of privacy laws.
Meta remains as the lone defendant in the case, which is one of the first major privacy cases against tech giants to reach a trial. The settlement would avoid a jury verdict on whether Flo violated its privacy agreements.
Flo’s notice of settlement said the parties had reached an agreement in principle but didn’t provide any details about the terms of the agreement. Google settled the case a few weeks before it was set for trial.
Flo said in a statement that “we have always maintained that the claims lacked merit, and as the case progressed, the lack of evidence to support these allegations became increasingly clear” and that the settlement included no admission of wrongdoing.
The company had moved to dismiss the plaintiffs’ claims on Wednesday, arguing the evidence presented at trial showed the plaintiffs couldn’t prove their claims under the California Confidentiality of Medical Information Act.
Judge James Donato told the attorneys Wednesday that he was prepared to grant Flo’s motion based on the evidence he saw, according to trial transcripts.
“It’s going to potentially be confusing and highly unproductive to let a claim for which I see virtually no evidence—in fact, probably zero evidence—to go forward,” Donato said.
Flo said it would communicate details of the settlement, which is subject to court approval, to class members in the coming weeks.
An attorney for the plaintiffs didn’t immediately return requests for comment.
Flo, founded in London in 2015, is among the most popular period and fertility tracking apps on the market with 60 million active users. The startup had already faced criticism of its handling of user data before the trial, with the Federal Trade Commission reaching a settlement with Flo in 2021 requiring it to notify users of how it shared data with third parties.
The class action was brought by a group of women who used the app between 2016 and 2019.
Donato of the US District Court for the Northern District of California narrowed the case but determined earlier this year that a jury must decide whether Meta violated the California Invasion of Privacy Act, a 1960s era wiretap law, as well as the claims against Flo.
Dechert LLP represents Flo. Lowey Dannenberg PC, Spector Roseman & Kodroff PC, and Labaton Keller Sucharow LLP are the plaintiffs’ co-lead counsel.
The case is Frasco v. Flo Health Inc., N.D. Cal., No. 3:21-cv-00757, 7/31/25.
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