Fans allowed to sue over false advertising in Ana de Armas trailer

Ana De Armas

Ana de Armas fans–and moviegoers as a whole–have been granted an unusual opportunity: they can now sue movie studios for false advertising. A judge has ruled that studios can be held accountable for misleading potential ticket buyers, as Universal allegedly did with the trailer for 2019’s Yesterday.

The issue arose from Yesterday’s trailer, which included scenes with actress Ana de Armas. However, de Armas was snipped from the final cut of the film, thus directly duping audiences.

Universal originally argued that movie trailers fall under the First Amendment. However, a California judge in this case determined, “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.”

Earlier this year, the two individuals filed the lawsuit over Ana de Armas not appearing in Yesterday. Interestingly, the men didn’t even see Yesterday in theaters, but rented it on Amazon Prime for $3.99. They are seeking at least $5 million.

Part of the lawsuit reads: “Among other deceptions, Defendant’s nationwide advertising and promotion of the movie Yesterday represents to prospective movie viewers that the world famous actress Ana De Armas has a substantial character role in the film. Defendant’s movie Yesterday, however, fails to include any appearance of Ana De Armas whatsoever. Accordingly, Defendant’s advertising and promotion of the movie Yesterday is false, misleading, and deceptive.”

This could set a creative precedent within the movie industry. While it’s not common for trailers to show an entire character that has been cut, it isn’t terribly rare to see a snippet of a scene that eventually hits the editing room floor. Could instances of this also lead to more lawsuits?

Ana de Armas was reportedly cut due to her storyline’s poor response from audiences. Our own JimmyO gave the movie a 9/10, calling it “a surprisingly sweet and touching celebration of the music.”

What do you think of this lawsuit over Ana de Armas and her axed scenes from Yesterday? Do you think fans should be able to sue in situations such as this? Let us know your thoughts in the comments section below.

Source: Variety

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Mathew is an East Coast-based writer and film aficionado who has been working with JoBlo.com periodically since 2006. When he’s not writing, you can find him on Letterboxd or at a local brewery. If he had the time, he would host the most exhaustive The Wonder Years rewatch podcast in the universe.