A federal judge ruled Tuesday that movie studios can be sued for misleading trailers under California’s false advertising laws.
U.S. District Judge Stephen Wilson issued the ruling in regards to a suit that was brought against Universal by two Ana de Armas fans, according to Variety. Conor Woulfe and Peter Michael Rosza claimed to have rented the movie “Yesterday” because they had seen de Armas featured in the trailer. After they rented the movie from Amazon Prime, they discovered de Armas was cut from the film, prompting them to file a lawsuit against Universal Pictures, the outlet stated.
Universal argued that movie trailers are an “artistic, expressive work” that merely conveys the theme of the movie and is therefore entitled protection under the First Amendment, according to Variety.
In a lawsuit filed by two Ana de Armas fans over the film ‘Yesterday,’ a judge ruled that movie studios can be sued for misleading trailers. https://t.co/Gt0ae6gkre
— Entertainment Weekly (@EW) December 22, 2022
“Universal is correct that trailers involve some creativity and editorial discretion, but this creativity does not outweigh the commercial nature of a trailer,” Wilson wrote in his ruling, Variety reported. “At its core, a trailer is an advertisement designed to sell a movie by providing consumers with a preview of the movie.” (RELATED: Director Of ‘Blonde’ Speaks Out Against Backlash Over Marilyn Monroe Portrayal)
Universal stated that the ruling could open the door to more lawsuits from moviegoers claiming a film did not live up to their expectations after viewing the trailer, the outlet reported. Wilson maintained that his ruling was limited to “representations as to whether an actress or scene is in the movie, and nothing else.”
The case will move on to discovery where the plaintiffs are seeking $5 million in damages, Variety reported.