In California, a million lawsuit was just allowed to proceed against the movie studio Universal, for misleading advertising in the movie trailer. What happened. Two fans of the Cuban-Spanish actress Ana de Armas had filed a lawsuit against Universal because their favorite actress appeared in the trailer of the 2019 film de.wikipedia.org/wiki/Yesterday_(2019) (Yesterday) by Danny Boyle, but not in the finished film. Her role fell victim to the scissors in the final version of the film. So the trailer was made with obviously based on an early cut version of the film in which her role was still included - so not necessarily out of misleading intent.
Ana de Armas in Blade Runner 2049
Universal had argued that the movie trailer fell under the First Amendment, which protects free speech, i.e. the right to express one&s opinion within broad limits. The judge, on the other hand, ruled that a movie trailer is a statement of commercial competition because it is an advertisement for a movie viewing and thus falls under the strict California law of deceptive advertising and therefore allowed the lawsuit to proceed on a limited basis.
"Yesterday" is a romantic comedy about an unsuccessful singer/songwriter (played by Himesh Patel) who, after an accident, wakes up in a world where the Beatles never existed. He then uses their hit songs to become famous. Originally Ana de Armas was part of a romantic love triangle of the main character, but her scenes were cut out after negative reactions from test audiences, thus condensing the film to the main love triangle.
Universal fears the consequences if the lawsuits are successful: in the future, viewers who feel deceived by a movie trailer for any subjective reason could possibly file million-dollar lawsuits. For example, because the trailer suggests more action than is actually shown in the film, or because the trailer makes the film seem more entertaining than it actually is, or whatever. It will be interesting to see how the lawsuit plays out, because it could have a significant impact on the future production of movie trailers.
That trailers contain scenes that don&t appear in the final film is not at all uncommon: for example, the trailer for "Jurassic Park" (1993) doesn&t contain a single scene from the final film, and the trailer for "Rogue One: A Star Wars Story" (2016) contains over 18 scenes that don&t appear in the final version.