Hirono Leads Bicameral Letter Drawing FTC’s Attention to Reports of Meta’s Discriminatory Advertising Practices

WASHINGTON, D.C. – Today, U.S. Senator Mazie K. Hirono (D-HI) led four of her Senate colleagues in sending a letter to the Federal Trade Commission (FTC), urging the FTC to examine claims from the Center for Intimacy Justice (CIJ) that Meta Platforms, Inc. (Meta) rejects health advertisements aimed at women and people of underrepresented genders, despite allowing similar advertisements targeted toward men. In addition to Senator Hirono, the letter was also signed by Senators Elizabeth Warren (D-MA), Amy Klobuchar (D-MN), and Peter Welch (D-VT) and U.S. Representative Adam Schiff (D-CA).

“Meta’s alleged discrimination in sexual and reproductive health advertising would perpetuate inequality of access to health services for women and people of underrepresented genders, especially those from marginalized communities,” wrote the lawmakers. “Access to these services is a matter of gender, race, sexual orientation, and economic equity. In particular, women of color face significant access barriers to sexual and reproductive healthcare services, and when they do access these services, they often encounter racism in the treatment that they receive.”

A 2022 report published by CIJ found that, although Meta generally permits advertisements for products aimed at male sexual health conditions on Facebook and Instagram, it routinely rejects advertisements for products that serve women and underrepresented genders, including products for pelvic pain, menopause, menstruation, fertility, and other areas as containing “adult content” or promoting “adult products and services.”

These alleged discriminatory advertising practices also harm small businesses. According to CIJ, small- and medium-sized businesses and nonprofits—many of them founded and led by women and people of underrepresented genders—have spent thousands of dollars conforming their advertisements to Meta’s policies only to have their ads rejected and their advertising accounts suspended.

“Advertising, when done in a manner that respects users’ privacy and is not targeted using their personal health data, plays a critical role in creating economic conditions that support sexual and reproductive health access and technological innovation,” concluded the lawmakers. “If it were not subject to Meta’s allegedly-discriminatory moderation, advertising could enable businesses and nonprofits to serve people in these vital areas of their lives.”

The letter requests that the FTC review CIJ’s complaint thoroughly, take appropriate action, and keep the group of lawmakers updated on the status of the complaint.

The full text of the letter is below and available here.

Dear Chair Khan:

We write to express our concern regarding claims that Meta Platforms, Inc. (“Meta” or “the company”) systematically rejects health advertisements aimed at women and people of underrepresented genders while accepting equivalent advertisements targeted toward men. A report by Center for Intimacy Justice (“CIJ”) concludes that although Meta generally permits advertisements for products aimed at male sexual health conditions on its services Facebook and Instagram, it routinely rejects products aimed at pelvic pain, menopause, menstruation, fertility, and other areas for containing “adult content” or promoting “adult products and services.” In the wake of CIJ’s report, we understand that Meta made additions to its advertising policies last fall to cite more examples of health ads that are allowed. Meta purportedly allows all advertisements for sexual and reproductive health and wellness products and services as long as the advertisements are in compliance with the company’s stated advertising policies. But a recent complaint filed by CIJ with the Commission alleges that Meta’s rejection of advertising for these products continues and constitutes an unfair and deceptive trade practice.

Meta’s alleged discrimination in sexual and reproductive health advertising would perpetuate inequality of access to health services for women and people of underrepresented genders, especially those from marginalized communities. Access to these services is a matter of gender, race, sexual orientation, and economic equity. In particular, women of color face significant access barriers to sexual and reproductive healthcare services, and when they do access these services, they often encounter racism in the treatment that they receive. Black women, Indigenous women, and women of color experience a number of sexual and reproductive health issues at higher rates than white women. For example, vulvodynia—a disorder characterized by excruciating vulvar pain—is twice as prevalent among Hispanic women as white women. Likewise, polycystic ovary syndrome affects Black and Hispanic women more severely than their white counterparts. CIJ’s research indicates that advertisements and information concerning these conditions repeatedly have been blocked by Meta.

Meta’s alleged advertising practices would also harm small businesses hoping to advertise health products to women and people of underrepresented genders. According to CIJ’s research, small- and medium-sized businesses and nonprofits—many of them founded and led by women and people of underrepresented genders—have spent thousands of dollars conforming their advertisements to Meta’s policies only to have their ads rejected and their advertising accounts suspended.

Advertising, when done in a manner that respects users’ privacy and is not targeted using their personal health data, plays a critical role in creating economic conditions that support sexual and reproductive health access and technological innovation. If it were not subject to Meta’s allegedly-discriminatory moderation, advertising could enable businesses and nonprofits to serve people in these vital areas of their lives.

We ask the Commission to review CIJ’s complaint thoroughly, take appropriate action, and inform us of the ultimate disposition of the complaint.

Thank you for your prompt attention to this matter.

Sincerely,

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