January 28, 2023

Ana de Armas fans’ lawsuit could lead to movie studios being sued for false advertising.

U.S. Federal Judge Stephen Wilson’s ruling in the Yesterday trailer lawsuit against Universal could set a precedent for other studios. The case was brought by two de Armas fans who claimed they rented Danny Boyle’s musical comedy after seeing the actress in the trailer, only to find that her role was eventually cut from the film.

Despite efforts by Universal’s attorneys to dismiss the lawsuit, arguing that trailers are “non-commercial” speech, Wilson sided with the plaintiffs under California’s False Advertising Law and the state’s Unfair Competition Law ( through Variety).

See also: Scarlett Johansson breaks silence on Disney lawsuit over Black Widow

“Universal is right that trailers involve some creativity and editorial discretion, but this creativity is outweighed by the commercial nature of a trailer,” the judge wrote on Dec. 20.

“At its core, a trailer is an advertisement designed to sell a movie by providing consumers with a preview of the movie.”

The two plaintiffs are seeking at least $5 million for affected consumers after they each paid $3.99 to rent the movie on Prime Video.

yesterday poster

Universal

Related: why Top gun: Maverick led to Paramount being sued

The No time to die star was originally going to appear as a love interest for Himesh Patel’s character Jack Malik. Her scenes didn’t make it to the final cut after audience tests found Jack unappreciative of directing from his primary love interest, Lily James’s Ellie.

“That was a very traumatic cut because she was brilliant at it. I mean really radiant,” screenwriter Richard Curtis told me. CinemaBlend at the time.

“You know, it’s one of those things where it’s some of our favorite scenes from the movie, but we had to cut them for the sake of the whole.”

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