Ana de Armas‘ fans who rented the movie Yesterday because she appeared in the film’s trailer but did not appear in the final film, sued Universal Pictures and won their first victory.
Universal asked the federal judge to dismiss the case but the judge ruled Tuesday that movie studios can be sued over false advertising in film trailers.
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Yesterday was a 2019 romantic comedy starring Himesh Patel as a musician that finds himself the only person who has ever heard of the Beatles and becomes famous after reintroducing their songs to the world.
Ana de Armas was supposed to be a love interest to Patel‘s character but was later cut from the film because she was not his primary love interest in the story.
Universal Pictures argued that the trailer with de Armas in it was protected under the First Amendment and that trailers are sometimes made with scenes that do not appear in the final versions of films.
“Universal is correct that trailers involve some creativity and editorial discretion, but this creativity does not outweigh the commercial nature of a trailer. At its core, a trailer is an advertisement designed to sell a movie by providing consumers with a preview of the movie,” wrote U.S. District Judge Steven Wilson.
“Defendant’s advertising and promotion of the movie Yesterday is false, misleading, and deceptive,” Wilson stated.
The lawsuit was filed back in January by Paul Michael Rosza and Conor Woulfe who are both ardent Ana de Armas fans.
The judge ordered the plaintiffs may proceed with their case and denied the defendant’s motion to dismiss the case.
Ana de Armas now stars in the movie Blonde and recently shared her thoughts on the mixed reviews it has been receiving.
