Movie studios can now be sued for false advertising according to a federal judge hearing a lawsuit brought forth by two Ana de Armas fans.
We’ve all been there before. We go to a theater and watch one of the most anticipated movies of the year, usually the next big superhero blockbuster. Then when the credits roll we’re left wondering what happened to that particular scene or shot from the trailer that drove us to the theater. Well, those days might be coming to an end as a federal judge, U.S. District Judge Stephen Wilson, ruled this week that a movie studio can be sued for false advertising if they release deceptive trailers.
COLLIDER VIDEO OF THE DAY Universal wanted the lawsuit thrown out as they would go on to argue that trailers were protected under the First Amendment. They further claim that trailers were “artistic, expressive work” that should be considered a three-minute story rather than an outright commercial. However, Judge Wilson rejected that and considered movie trailers “commercial speech” subject to California’s False Advertising and Unfair Competition Laws.
“Under Plaintiffs’ reasoning, a trailer would be stripped of full First Amendment protection and subject to burdensome litigation anytime a viewer claimed to be disappointed with whether and how much of any person or scene they saw in the trailer was in the final film; with whether the movie fit into the kind of genre they claimed to expect; or any of an unlimited number of disappointments a viewer could claim.
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