'Meta Pixel' Returns to Court as Appeal Expands Health Data Risks
The Fifth Circuit Court of Appeals reinstated a lawsuit against Eyemart Express, ruling that browsing, purchasing, and appointment-booking activity could constitute individually identifiable health information sent to Meta.
In a ruling published on October 23, 2026, the U.S. Court of Appeals for the Fifth Circuit reinstated the case Rand v. Eyemart Express, which accuses an eyewear retailer of disclosing health-related customer activity on its website to Meta via Meta Pixel without their knowledge or consent.
The court held that the plaintiffs have legal standing, that their browsing, purchasing, and eye exam booking activity could plausibly constitute "individually identifiable health information," and that they presented a plausible claim that the retailer shared that information with Meta. It remanded the case to the district court for further proceedings, without settling the merits of the dispute.
The court stated that identifiable health information is not limited to a diagnosis, symptom, or prescription, and that customer activity at a store offering health-related products and services can be linked to their health. It distinguished this case from a prior ruling dealing with an IP address tied to visiting a health page, because the plaintiffs here alleged that a third party received details about specific products and services and was able to link them to an existing user account.
The ruling does not mean that every interaction with a health website constitutes identifiable health information or that every use of Pixel violates privacy laws, but it expands risks for companies that offer health products or services on their websites and use tracking pixels, analytics, or session recording tools. Lawyers advise these companies to review data flows, disclosures, and consent practices rather than simply asking whether they are sending a diagnosis or prescription.
What do these terms mean?
Individually Identifiable Health Information: Data relating to a person's health or receipt of healthcare that can be linked to their identity.
Meta Pixel: Tracking code that sends website events to Meta for measurement and advertising purposes.
Legal Standing: A legal requirement allowing a person to bring a lawsuit because they have suffered actual harm or face a specific harm.
Weekly Newsletter
Read between the lines before everyone else. Decode the most important economic, tech, and decision-maker movements in the region.. in 5 minutes every Saturday.
