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Judge Shubb Dismisses Drugs.com Privacy Suit Against IQVIA for Not Naming Searches

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21

Why it matters

A federal judge in the Eastern District of California dismissed every claim against IQVIA, the health data company behind Drugs.com, on November 12, 2026. Senior Judge William B. Shubb ruled that the plaintiffs' complaint never identified the medications they searched for, and he treated that omission as fatal. The plaintiffs had pleaded claims under California Invasion of Privacy Act sections 631(a) and 638.51, the Comprehensive Computer Data Access and Fraud Act, the Unfair Competition Law, the state constitutional privacy provision, and intrusion upon seclusion. The case is Rose et al. v. IQVIA Holdings Inc., No. 2:26-cv-01492, filed April 9, 2026, by plaintiffs Abbie Rose and David Becerra against IQVIA Holdings Inc., IQVIA Digital Inc., and IQVIA Inc. The court declined to consider three archived versions of IQVIA's privacy policy pulled from the Wayback Machine, because the complaint never referenced them and they existed only to support a consent defense.

The plaintiffs voluntarily dropped one claim, but the record summarized here does not identify which one. It also does not say whether the dismissal was with leave to amend, so whether the plaintiffs can refile on the same theories remains open. The court's reasoning on economic loss, device harm, and whether browsing data qualifies as "contents" is still unresolved, since the plaintiffs will have to address those points in any amended pleading. Separately, California's SB 690, enacted while the case was pending, bars section 638.51 pen register suits brought by anyone other than the Attorney General. It applies retroactively to pending claims in actions filed within two years before its effective date.

For attorneys handling health-website tracking cases, the ruling sets a concrete pleading standard. Plaintiffs must identify the specific health-related searches tied to real users, not just allege that a health site was tracked. Courts in the same district have reached different results: a June 2025 Eastern District decision held that browsing history on a public, non-health-specific site is not actionable, while a separate 2025 case involving a provider's tracking pixels let unjust enrichment and UCL claims proceed. Defense counsel should look at whether a complaint names actual searches before relying on the consent or privacy-policy arguments. Plaintiff counsel should check whether section 638.51 claims survive SB 690 and whether an amended complaint in Rose follows.

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