The lawsuit filed by two Ana de Armas fans over Yesterday's deceptive trailer is moving forward thanks to a monumental ruling. Best known for her roles in Blade Runner 2049, Knives Out, No Time to Die, and Blonde, the Cuban-Spanish actress filmed several scenes for the 2019 film Yesterday. De Armas even appeared in some of the movie's early promotional materials as a secondary love interest for Himesh Patel's main character. However, it was decided that he should not stray from his primary love interest, played by Lily James, and de Armas was ultimately cut from the film.
After seeing the Yesterday trailer, two fans decided to rent the film for $3.99, were displeased to discover that de Armas was not in the final film, and in January, filed a $5 million federal class action lawsuit against Universal for deceptive marketing. Now, Variety reports a major development in the case thanks to a monumental ruling. Despite Universal's attempts to have the lawsuit thrown out, U.S. District Judge Stephen Wilson denied the motion and ruled that movie trailers are considered commercial speech and therefore are subject to California False Adverting Law and Unfair Competition Law. Read the judge's ruling below:
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. The Court’s holding is limited to representations as to whether an actress or scene is in the movie, and nothing else.
What This Ruling Means For The Future Of Deceptive Movie Trailers
This ruling could be a monumental one for the movie industry, as it puts studios at risk over deceptive trailers. 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. The studio's lawyers argued that movie trailers are "artistic, expressive works," since they often tell a story or convey a theme, and therefore should not be considered commercial speech.
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. For instance, the first teaser trailer for the original Jurassic Park was composed entirely of footage that's not in the actual 1993 movie. This practice can also be seen in trailers for Terminator 2: Judgement Day, The Dark Knight, Cars, Alien, and 1978's Superman.
The arguments put forth by Universal's lawyers were rejected by the court, as the judge ruled that movie trailers are considered commercial speech. The ruling is monumental since it means that studios can now theoretically be sued under false advertising laws if they put out deceptive movie trailers. This could also open the door to a barrage of unfounded lawsuits from disgruntled viewers arguing a movie did not meet their expectations created by the trailer. Only time will tell the outcome of the Ana de Armas Yesterday lawsuit as the case proceeds through the judicial process.
Source: Variety