FTC rescission of the 2021 Health Breach Notification Rule policy statement

FTC withdrew its 2021 policy statement applying the HBNR to health apps; the amended rule itself is unchanged.

Regulatory guidance or warning
Regulatory — guidance vacated or withdrawn

Timeline

Filed
Sep 9, 2026
Key ruling
Sep 9, 2026

Key ruling

Sept. 9, 2026: FTC withdrew its Sept. 2021 Policy Statement on Breaches by Health Apps and Other Connected Devices, which had treated unauthorized disclosures (including to ad platforms) as breaches, calling it redundant after the 2024 HBNR amendments.

Status note

Press release Sept. 9, 2026: the Commission withdrew the 2021 policy statement as obsolete under the executive order on outdated guidance, reasoning the 2024 amendments to the Health Breach Notification Rule codified its substance. The amended rule remains in force; GoodRx, Premom, BetterHelp, and Monument orders are unaffected.

Exposure

Pages covered

Not stated

Data licensed under CC BY 4.0. Cite as SounderData.com Tracker Litigation Database, October 22, 2026.