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Meta Platforms CEO Mark Zuckerberg arrives at federal court in San Jose, California, Dec. 20, 2022.

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The House Judiciary Committee is set to vote Thursday on whether to cite Meta CEO Mark Zuckerberg in contempt of Congress for what it says is a failure to provide adequate documents in connection with an earlier subpoena in the panel’s online censorship investigation.

Meta and Zuckerberg “have willfully refused to comply in full with a congressional subpoena,” that sought to collect documents on the company’s communications with the Biden administration and its content moderation decisions, the committee alleged in its contempt report. The committee called Meta’s compliance with the subpoena “woefully inadequate.”

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If the committee votes to cite Zuckerberg in contempt, the resolution will then need to pass the House floor. A criminal contempt case, as the committee suggests, could be referred to the Justice Department, which could decide whether to take up the case.

The initial subpoena was part of an investigation into Alphabet, Amazon, Apple and Microsoft, alongside Meta, to “understand how and to what extent the Executive Branch coerced and colluded with companies and other intermediaries to censor speech,” Judiciary Chair Jim Jordan, R-Ohio, wrote when he issued the orders to turn over documents in February.

Since then, Jordan has expanded the inquiry into Meta to include its new Twitter competitor Threads. Jordan wrote that he considered content moderation documents about Threads to be subject to the earlier subpoena.

“Although directly responsive to the Committee’s subpoena, Meta has failed to produce nearly all of the relevant documents internal to the company,” the contempt report says. “To date, Meta has produced only documents between Meta and external entities and a small subset of relevant internal documents. The Committee has a particular need for Meta’s internal documents, which would shed light on how Meta understood, evaluated, and responded to the Executive Branch’s requests or directives to censor content, as well as Meta’s decision-making process to censor viewpoints in the modern town square.”

Meta spokesperson Andy Stone said in a statement that Meta has “operated in good faith” with the committee’s broad requests.

“To date we have delivered over 53,000 pages of documents — both internal and external — and have made nearly a dozen current and former employees available to discuss external and internal matters, including some scheduled this very week,” Stone wrote. “Meta will continue to comply, as we have thus far, with good faith requests from the committee.”

But the contempt report alleges that since the subpoena was issued, on Feb. 15, “Meta has produced communications between Meta and external entities and fewer than 40 pages of internal documents. Despite clear instructions in the Committee’s subpoena and repeated requests from Committee staff, Meta has thus far failed to produce nearly all of the requested internal communications related to its Executive Branch interactions.”

“The Committee negotiated extensively, offering significant accommodations, to try to reach an agreement,” the report continues, but Meta rejected those proposals and “offered a paltry production of internal documents on July 24.”

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Substack boosts video capabilities amid potential TikTok ban

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Substack boosts video capabilities amid potential TikTok ban

Rafael Henrique | SOPA Images | AP

After posting almost 200 videos, amassing hundreds of thousands of followers and racking up millions of views, Carla Lalli Music is quitting YouTube. Substack is her new focus. 

Music is a cookbook author and food content creator, and she is shifting her focus to Substack, a subscription platform that lets creators charge users subscriptions for access to their content. Music told CNBC she came to that decision after earning more in one year of using Substack, nearly $200,000 in revenue, than she did by posting videos on YouTube since 2021. 

Music is the exact kind of content creator that Substack is trying to lure to its platform as TikTok’s future in the U.S. remains in limbo. 

San Francisco-based Substack launched in 2017 as a tool for newsletter writers to charge readers a monthly fee to read their content. The platform allows creators to connect to their followers directly without having to navigate algorithmic models that control when their content is shown, as is the case on TikTok, Google’s YouTube and other social platforms. Substack has raised about $100 million, most recently at a post-money valuation of more than $650 million, the company told CNBC.

This year, Substack has broadened its focus beyond newsletters, and on Thursday, it announced that creators can now post video content directly through the Substack app and monetize these videos.

“There’s going to be a world of people who are much more focused on videos,” Substack Co-founder Hamish McKenzie told CNBC. “That is a huge world that Substack is only starting to penetrate.”

Substack began this push after the social media landscape was thrown into flux as a result of the effective ban of TikTok in January that caused the popular Chinese-owned service to go offline for a few hours. TikTok was also removed from Apple and Google’s app stores for nearly a month. 

The disruption to TikTok in January happened as a result of a law signed by former President Joe Biden to force a sale of the Chinese-owned app or have it effectively banned in the U.S. On his first day in office, President Donald Trump signed an executive order extending TikTok’s ability to operate in the U.S., but that order expires on April 5. 

Days after TikTok went offline, Substack launched a $20 million fund to court creators to its platform.

“If TikTok gets banned for political reasons, there’s nothing to do with the work you’ve done, but it really affects your life,” McKenzie said. “The only and surefire guard against that is if you don’t place your audience in the hands of some other volatile system who doesn’t care about what happens to your livelihood.”

Moving beyond newsletters

McKenzie says that they are going after creators on competing social media platforms to start sharing their video content on Substack.

“Video-first creators, people who are mobile oriented, there’s a whole lot of new possibility waiting to be unlocked once they meet this model in the right place,” McKenzie said. 

Already, Substack has more than 4 million paid subscriptions with over 50,000 creators who make money on the platform, the company said. Substack says that 82% of its top 250 revenue-generating creators have already integrated audio or video into their content, reflecting a growing emphasis on multimedia content.

Prior to the video announcements, Substack allowed creators to post videos on the app to Notes, which is the platform’s front-facing feed format. But the feature did not allow creators to publish video content behind Substack’s paywalls. 

The update enables creators to put video content behind a paywall and it provides data on estimated revenue impact. It also allows them to track viewership and new subscribers.

Carla Lalli Music is a cookbook writer and food creator.

Carla Lalli Music

Our base case for TikTok is that it gets banned in the U.S.: Lead Edge Capital's Mitchell Green

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Anne Wojcicki has a new offer to take 23andMe private, this time for $74.7 million

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Anne Wojcicki has a new offer to take 23andMe private, this time for .7 million

Anne Wojcicki attends the WSJ Magazine Style & Tech Dinner in Atherton, California, on March 15, 2023.

Kelly Sullivan | Getty Images Entertainment | Getty Images

23andMe CEO Anne Wojcicki and New Mountain Capital have submitted a proposal to take the embattled genetic testing company private, according to a Friday filing with the U.S. Securities and Exchange Commission.

Wojcicki and New Mountain have offered to acquire all of 23andMe’s outstanding shares in cash for $2.53 per share, or an equity value of approximately $74.7 million. The company’s stock closed at $2.42 on Friday with a market cap of about $65 million.

The offer comes after a turbulent year for 23andMe, with the stock losing more than 80% of its value in 2024. In January, the company announced plans to explore strategic alternatives, which could include a sale of the company or its assets, a restructuring or a business combination. 

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23andMe has a special committee of independent directors in place to evaluate potential paths forward. The company appointed three new independent directors to its board in October after all seven of its previous directors abruptly resigned the prior month. The special committee has to approve Wojcicki and New Mountain’s proposal.

“We believe that our Proposal provides compelling value and immediate liquidity to the Company’s public stockholders,” Wojcicki and Matthew Holt, managing director and president of private equity at New Mountain, wrote in a letter to the special committee on Thursday.

Wojcicki previously submitted a proposal to take the company private for 40 cents per share in July, but it was rejected by the special committee, in part because the members said it lacked committed financing and did not provide a premium to the closing price at the time.

Wojcicki and New Mountain are willing to provide secured debt financing to fund 23andMe’s operations through the transaction’s closing, the filing said. New Mountain is based in New York and has $55 billion of assets under management, according to its website.

23andMe declined to comment.

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Shares of Hims & Hers tumble 23% after FDA says semaglutide is no longer in shortage

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Shares of Hims & Hers tumble 23% after FDA says semaglutide is no longer in shortage

Hims & Hers

Shares of Hims & Hers Health tumbled more than 23% on Friday after the U.S. Food and Drug Administration announced that the shortage of semaglutide injection products has been resolved.

Semaglutide is the active ingredient in Novo Nordisk‘s blockbuster weight loss drug Wegovy and diabetes treatment Ozempic. Those medications are part of a class of drugs called GLP-1s, and demand for the treatments has exploded in recent years. As a result, digital health companies such as Hims & Hers have been prescribing compounded semaglutide as an alternative for patients who are navigating volatile supply hurdles and insurance obstacles.

Compounded drugs are custom-made alternatives to brand-name drugs designed to meet a specific patient’s needs, and compounders are allowed to produce them when brand-name treatments are in shortage. The FDA doesn’t review the safety and efficacy of compounded products.

Hims & Hers began offering compounded semaglutide to patients in May, and it owns compounding pharmacies that produce the medications.

Compounded medications are typically much cheaper than their branded counterparts. Hims & Hers sells compounded semaglutide for less than $200 per month, while Ozempic and Wegovy both cost around $1,000 per month without insurance.

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The FDA said Friday that it will start taking action against compounders for violations in the next 60 to 90 days, depending on the type of facility, in order to “avoid unnecessary disruption to patient treatment.”

“Now that the FDA has determined the drug shortage for semaglutide has been resolved, we will continue to offer access to personalized treatments as allowed by law to meet patient needs,” Hims & Hers CEO Andrew Dudum posted Friday on X. “We’re also closely monitoring potential future shortages, as Novo Nordisk stated two weeks ago that it would continue to have ‘capacity limitations’ and ‘expected continued periodic supply constraints and related drug shortage notifications.'”

Him & Hers’ weight loss offerings have been a massive hit with investors. Shares of the company climbed more than 200% last year, and the stock is already up more than 100% this year despite Friday’s move.

Even before it added compounded GLP-1s to its portfolio, the company said in its 2023 fourth-quarter earnings call that it expects its weight loss program to bring in more than $100 million in revenue by the end of 2025.

Despite the turbulent regulatory landscape, Hims & Hers has showed no signs of slowing down.

On Friday, the company announced it has acquired a U.S.-based peptide facility that will “further verticalize the company’s long-term ability to deliver personalized medications.” Hims & Hers will explore advances across metabolic optimization, recovery science, biological resistances, cognitive performance and preventative health through the acquisition, the company said.

That move comes just days after Hims & Hers also bought Trybe Labs, the New Jersey-based at-home lab testing facility. Trybe Labs will allow Hims & Hers to perform at-home blood draws and more comprehensive pretreatment testing.

Hims & Hers did not disclose the terms of either deal.

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