Movie studios can be sued under false advertising laws if they release deceptive movie trailers, a federal judge ruled on Tuesday.
The plaintiffs, Conor Woulfe of Maryland and Peter Michael Rosza of San Diego County, Calif., each paid $3.99 to rent “Yesterday” on Amazon Prime. “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. De Armas was originally intended to appear as a love interest for the film’s protagonist, played by Himesh Patel. Universal sought to throw out the lawsuit, arguing that movie trailers are entitled to broad protection under the First Amendment. “The Court’s holding is limited to representations as to whether an actress or scene is in the movie, and nothing else,” the judge wrote, holding that based on the “Yesterday” trailer, it was plausible that viewers would expect de Armas to have a significant role in the film. [Ana de Armas](https://variety.com/t/ana-de-armas/) fans [filed a lawsuit](https://variety.com/2022/film/news/ana-de-armas-yesterday-deceptive-marketing-lawsuit-1235160293/) in January, alleging that they had rented the movie after seeing de Armas in the trailer, only to discover that she was cut out of the final film.
Two Ana de Armas fans are suing Universal because she wasn't in Yesterday, despite being advertised as such in the trailer. They are seeking $5 million.
Ana de Armas was originally intended to have a significant role in Yesterday, as another romantic interest for Himesh Patel’s character. Universal noted that many trailers have scenes that aren’t in the final cut of a film, citing one for Jurassic Park which includes no footage found in the film. The fans had rented the film after seeing de Armas in the trailer, only to discover her scenes had been cut.
The 2019 film about Beatles tunes in a world where the Beatles never existed is getting a lot of new attention over a Blonde star not in the movie.
“Thus, because Plaintiffs have plausibly alleged that the trailer is false, commercial speech, Plaintiffs may proceed with their claims without offending the First Amendment.” However, Woulfe and Rosza felt conned by the presence of de Armas in the Yesterday trailer, and didn’t like being taken for suckers. “Defendant’s advertising and promotion of the movie Yesterday is false, misleading, and deceptive,” their January 21 lawsuit declared of Universal. [Himesh Patel](https://deadline.com/tag/himesh-patel/)-lead romcom that featured de Armas as a love interest. “Universal is correct that trailers involve some creativity and editorial discretion, but this creativity does not outweigh the commercial nature of a trailer,” wrote U.S. District Judge Steven Wilson in a December 20 ruling on the studio’s mainly failed motion to dismiss the potential class action first filed back in January by Paul Michael Rosza and Conor Woulfe.
Nearly a year after a lawsuit was filed in regards to Ana de Armas appearing in a trailer for Yesterday despite being cut from the movie, a decision was ...
Ana de Armas latest films, The Gray Man and Blonde, can be viewed with a [Netflix subscription](https://www.cinemablend.com/streaming-news/netflix-subscription-the-plans-the-price-and-whats-included). With this new ruling in place, the film industry is going to have to be especially careful about this. According to Yesterday’s writer, Richard Curtis, the scene was cut because audiences were not happy with the idea of Patel’s character straying away from the love story between him and Lily James’ character. However, Wilson clarified that the court’s holding would only be limited to circumstances regarding whether an actor or scene advertised in the trailer is in the movie. A decision has now been made by a federal judge and it could impact the film industry going forward. The 2019 Universal movie Yesterday imagined a world where the Beatles never existed for nobody for one man and he used this advantage to become a beloved musician.
Two fans of the actor said they only rented the film Yesterday because of its allegedly misleading promotion.
The judge allowed their allegations that Universal had violated California’s false advertising and unfair competition laws to continue to move forward in court. They called the trailer an “artistic, expressive work” that conveys the theme of the film — not simply a commercial that would be covered by rules against false advertising. Conor Woulfe, who is from Maryland, and Peter Michael Rosza of San Diego County, California, each paid $3.99 to rent Yesterday on Amazon Prime because de Armas appeared in the film’s trailer.
The lawsuit filed by two Ana de Armas fans against Universal over Yesterday's deceptive trailer is moving forward thanks to a monumental ruling.
Universal’s lawyers also argued that it is a common practice for movie trailers to include footage that doesn't actually appear in the final film. The arguments put forth by Universal's lawyers were rejected by the court, as the judge ruled that movie trailers are considered commercial speech. Universal tried to have the lawsuit thrown out, arguing that movie trailers are protected under the First Amendment, which guarantees the right to freedom of speech and expression. Now, [Variety](https://variety.com/2022/film/news/ana-de-armas-yesterday-false-advertising-1235467419/) reports a major development in the case thanks to a monumental ruling. Universal is correct that trailers involve some creativity and editorial discretion, but this creativity does not outweigh the commercial nature of a trailer. [de Armas was not in](https://screenrant.com/ana-de-armas-ballerina-john-wick-5/) the final film, and in January, filed a $5 million federal class action lawsuit against Universal for deceptive marketing.
Fans of the actress sued the distributor of 'Yesterday,' whose trailer featured her, only for her to be removed from the final cut.
The actress was supposed to play a celebrity (possibly herself) who’s serenaded by our hero (Himesh Patel), who’s found himself to be one of the only people on the planet who remember that The Beatles existed. But some, who only rented the film to see her, were so appalled they [sued the distributor for false advertising](https://uproxx.com/movies/yesterday-ana-de-armas-lawsuit/). [Yesterday](https://uproxx.com/movies/yesterday-review-waste-premise/), the movie set in a grim post-apocalypse where The Beatles never made it big?
Next time a movie studio makes any false advertisement or releases deceptive movie trailers that discredit an artist, they will have to face legal action.
Ana De Armas was originally intended to appear as a love interest for the film’s protagonist, played by Himesh Patel. The case was filed by actress Ana de Armas fans who thought the film starred her as she featured in the trailer of the same. Universal sought to throw out the lawsuit, arguing that movie trailers are entitled to broad protection under the First Amendment.