The Delaware court has dismissed a lawsuit filed against Meta Platforms, Inc. over fraudulent advertising that used the image and name of former Arkansas Governor Mike Huckabee.
The lawsuit was filed on July 1, 2024, by Poynter Law Group on behalf of former Arkansas Governor Mike Huckabee. It alleged that Meta approved and profited from ads using his name and photos. The ads directed users to a landing page mimicking the Fox News website, where Huckabee was falsely portrayed as endorsing and recommending Fortin CBD as a treatment for an autoimmune disease.
The ad creative attached to the lawsuit:
Meta argued that it was protected from liability under Section 230 of the Federal Communications Decency Act. However, Federal Judge Gregory Williams in Delaware rejected this claim, agreeing that Meta was a “provider of information content” and was not exempt from liability for illegal advertising.
By the way, we have a great guide on where to get celebrities for your Facebook Ads for different geos and niches.
Despite this, on November 18, 2024, the judge dismissed the lawsuit, concluding that Huckabee failed to present valid claims for invasion of privacy, unjust enrichment, and violations of the Arkansas Publicity Rights Protection Act.
Huckabee also failed to prove that Meta knew the ad was false or that it was at least aware of facts and circumstances that could have led to such knowledge.
Judge Williams wrote:
“There are no allegations that Meta had a duty to conduct ‘due diligence’ regarding the truthfulness of statements in the ad. Even if such a duty existed, it would not be sufficient to establish actual malice.”
“It is unreasonable to conclude that Meta harbored serious doubts about the approved ad, as Governor Huckabee has publicly condemned CBD.”
Lawsuit document.
Additional information: Google News.
