The New York Stock Exchange with a Hims & Hers Health banner is pictured in the Manhattan borough of New York City.
Carlo Allegri | Reuters
Hims & Hers is facing scrutiny from lawmakers over what they claim is a “misleading” advertisement for its weight loss offerings that’s slated to run during the Super Bowl on Sunday.
Sens. Dick Durbin (D-Ill.) and Roger Marshall (R-Kan.) wrote a letter to the U.S. Food and Drug Administration on Friday expressing concerns over an “upcoming advertisement” that “risks misleading patients by omitting any safety or side effect information when promoting a specific type of weight loss medication.”
The Hims & Hers ad, which the company released online in late January, is called “Sick of the System” and sharply criticizes the $160 billion dollar weight loss industry. It shows visuals of existing weight loss medications known as GLP-1s, including injection pens that look like Novo Nordisk’s blockbuster diabetes drug Ozempic.
The ad claims those drugs are “priced for profits, not patients,” and points to Hims & Hers’ weight loss medications as “affordable” and “doctor-trusted” alternatives.
“We are complying with existing law and are happy to continue working with Congress and the new Administration to fix the broken health system and ensure that patients have choices for quality, safe, and affordable healthcare,” a Hims & Hers spokesperson told CNBC in a statement.
The senators do not mention Hims & Hers by name in their letter, but they do reference some of the visuals in the ad, including “imagery of an injection pen with distinctive characteristics reflective of an existing brand-name medication.”
“Nowhere in this promotion is there any side effect disclosure, risk, or safety information as would be typically required in a pharmaceutical advertisement,” the senators wrote. “Further, for only three seconds during the minute-long commercial does the screen flash in small, barely legible font, that these products are not FDA-approved.”
Hims & Hers began offering compounded semaglutide through its platform in May after launching a new weight loss program in late 2023. Semaglutide is the active ingredient in Ozempic and Wegovy, which can each cost around $1,000 a month without insurance.
Shares of Hims & Hers jumped over 170% last year, thanks to soaring demand for GLP-1s. They rose another 8% on Friday, lifting the company’s market cap to about $9.5 billion.
Compounded GLP-1s are typically much cheaper and can serve as an alternative for patients that are navigating complex supply hurdles and spotty insurance coverage. Hims & Hers sells compounded semaglutide for under $200 a month.
The FDA doesn’t review the safety and efficacy of compounded products, which are custom-made alternatives to brand drugs designed to meet a specific patient’s needs. Compounded products can also be produced when brand-name treatments are in shortage.
Semaglutide is currently in shortage, according to the FDA.
Sens. Durbin and Marshall said that advertisements for brand-name GLP-1 medications include “significant risk disclosures to patients about side effects and contraindications, including warnings about potential gallbladder, pancreas, vomiting, diarrhea, and other implications.”
A release on Durbin’s website says that the ad in question appears to exploit a loophole “regarding promotions of compounded drugs by telehealth companies.”
The senators said they believe the FDA may have the authority to take enforcement actions against marketing that could mislead patients, and they plan to introduce new legislation to address regulatory loopholes.
China’s artificial intelligencedevice market is already booming, and in the advanced technology race against the U.S., the country’s expertise in hardware could give it an edge.
“The advantage comes from the fundamental root that China is a nation of manufacturing,” Dr. Kai-Fu Lee, CEO of 01.AI and chairman of Sinovation Ventures, told CNBC. “Today, the competition is on the software, the models, the agents, the applications. But soon it will move to devices.”
Meta has sold millions of its smart glasses since introducing the specs in 2023, and the Chinese have caught on, with more than 70 Chinese companies creating competing products in the space.
Eyewear from companies such as Inmo and Rokid are sold worldwide. Xiaomi and Alibaba‘s are found only in China and are embedded with the tech giants’ own AI.
Alibaba’s DingTalk, a messaging platform for the workplace, this year released a credit card-sized AI gizmo meant for note-taking on the job.
The DingTalk A1 can record, transcribe, summarize and analyze speech from as far as 8 meters (26 feet) away, about the length of a large boardroom.
The device is similar to the Plaud Note, which is available in the U.S.
The device experimentation in China spans from the practical to the unconventional.
Chinese startup Le Le Gaoshang Education Technology released a “Native Language Star” brand translating gadget aimed at Chinese parents with limited English to teach English to their own children.
Read more CNBC tech news
The contraption, which is looped around the back of a user’s neck like a travel neck pillow and comes down toward the chest, has a sort of muzzle unit that goes over the mouth and mutes the user’s own voice.
The unit is embedded with Tencent and iFlyTek AI and is billed as a way to turn an English-speaking Chinese parent into a “laowai,” or foreigner. It retails for $420.
Having so many hardware touchpoints helps with adoption and with getting people used to the technology. It’s also a boost for companies to gather a war chest of data compared to other countries, analysts say.
“When you still hear people outside of China talking about what the future of the AI device might be, the market is full of AI devices here already,” tech consultant Tom van Dillen of Greenkern said at his office in Beijing. “This creates this feedback loop again to make the AI even better.”
Yet an edge in hardware is far from a guarantee to win the AI race, especially if China’s AI lacks appeal with global customers due to privacy or other issues, or if it falls well behind its counterparts in the U.S. or elsewhere.
“You really have to be that Apple iPhone to reap the most of the reward,” Lee cautioned, referencing late entrepreneur Steve Jobs’ invention that is often seen as one of the most transformative consumer products ever. “I think the China advantage for building the Apple iPhone for the AI age is that the capabilities are there — engineers and entrepreneurs, and so on. But it will still be a race.”
President Donald Trump on Monday said Nvidia will be allowed to ship its H200 artificial intelligence chips to “approved customers” in China and elsewhere, on the condition that the U.S. gets a 25% cut.
The policy “will support American Jobs, strengthen U.S. Manufacturing, and benefit American Taxpayers,” Trump wrote.
“The Department of Commerce is finalizing the details, and the same approach will apply to AMD, Intel, and other GREAT American Companies,” he added in the post.
The H200 is a higher-grade chip than the H20, but not the company’s top-of-the-line product.
Nvidia shares climbed earlier Monday on news that the Commerce Department was set to approve the China sales, but later pared those gains. The stock rose about 2% after hours.
Stock Chart IconStock chart icon
Nvidia (NVDA) and Advanced Micro Devices (AMD) stock prices
“We applaud President Trump’s decision to allow America’s chip industry to compete to support high paying jobs and manufacturing in America,” a spokesman from Nvidia told CNBC in a statement.
“Offering H200 to approved commercial customers, vetted by the Department of Commerce, strikes a thoughtful balance that is great for America,” the spokesman said.
Semiconductors, which are key components in nearly every category of electronics, are at the center of the AI race between the U.S. and China.
They have also played a role in the tumultuous trade relationship between the two economic superpowers.
Read more CNBC tech news
When Beijing imposed export controls on rare-earth minerals, which are used in the production of some high-end chips, the Trump administration threatened to massively increase tariffs on U.S. imports from China.
After meeting in South Korea in late October, Trump and Xi struck a tentative trade truce in which China committed to end “retaliation” against U.S. chipmakers, according to the White House.
Trump said after that meeting that he discussed the export of Nvidia chips with Xi.
Broadcom shares hit an all-time high during Monday’s trading session after the emergence of another encouraging sign that the company’s custom chips are all the rage on the AI scene. The newest development comes from the tech website, The Information, which said Microsoft could be looking to move its custom chip business from Marvell Technology to Broadcom. The report is the latest in a string of recent good news for Broadcom, which delivers quarterly earnings after Thursday’s close. Shares of Marvell were understandably falling more than 7%. Also weighing on Marvell stock was a note from Benchmark, in which the analysts call out with a “high degree of conviction” that Amazon may also be looking to move the development of future generations of its Trainium chips away from Marvell to AIchip, a Taiwanese designer. Taken together, Broadcom shareholders should feel good about the company’s standing in the custom AI market, as specialized silicon emerges as a competitor to Nvidia’s all-purpose AI chips, which have been the gold standard in running artificial intelligence workloads. At the same time, the weakening position of Marvell amplifies Broadcom as the go-to company for custom chips. The Information report, as it relates to Microsoft, comes after the success of Google’s tensor processing units, which were co-developed by Broadcom. The TPUs have been praised in recent weeks following the release of Gemini 3, the latest large language model from Alphabet ‘s Google. Gemini 3, which has leapt to the top of the app leaderboards, was trained and runs entirely on Google’s custom TPUs. A couple of weeks ago, The Information reported that Meta Platforms was thinking about using Google’s TPUs for its data centers in 2027. AVGO YTD mountain Broadcom YTD While it’s great to watch Broadcom’s share price climb, we don’t love it when a stock runs into an earnings release, as it indicates high expectations. We do understand the move, though, because all this news has made it clear that Broadcom’s custom silicon business is primed for further gains. We don’t expect to hear much about these latest two developments on the post-earnings call. We do, however, suspect that talk about custom chip demand will center around the interest Broadcom has been seeing following the launch of Gemini 3. Outside of custom chips, there will be high interest in Broadcom’s networking business, which has seen incredible growth over the past year, given the increased need for high-bandwidth networking solutions resulting from the explosion of AI adoption — especially with the introduction of reasoning models and agentic solutions. On the legacy front, we expect to see some gradual improvement, thanks in part to seasonality as the company’s wireless revenues are tightly linked with the iPhone sales cycle, given that Apple is the company’s primary wireless customer. As for software, we continue to expect strong growth and margin performance driven by VMware, and we will be interested to hear about any additional synergy and cross-selling opportunities the team has been working on. (Jim Cramer’s Charitable Trust is long AVGO, MSFT, AMZN, META. See here for a full list of the stocks.) As a subscriber to the CNBC Investing Club with Jim Cramer, you will receive a trade alert before Jim makes a trade. Jim waits 45 minutes after sending a trade alert before buying or selling a stock in his charitable trust’s portfolio. If Jim has talked about a stock on CNBC TV, he waits 72 hours after issuing the trade alert before executing the trade. THE ABOVE INVESTING CLUB INFORMATION IS SUBJECT TO OUR TERMS AND CONDITIONS AND PRIVACY POLICY , TOGETHER WITH OUR DISCLAIMER . NO FIDUCIARY OBLIGATION OR DUTY EXISTS, OR IS CREATED, BY VIRTUE OF YOUR RECEIPT OF ANY INFORMATION PROVIDED IN CONNECTION WITH THE INVESTING CLUB. NO SPECIFIC OUTCOME OR PROFIT IS GUARANTEED.