The Delaware court has dismissed a lawsuit filed against Meta Platforms, Inc. for a fraudulent advertisement using 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 alleges that Meta has approved and profited from advertisements using his name and photos. The advertisement led to the landing mimicking a Fox News website where Huckabee allegedly endorsed and recommended the drug Fortin CBD as a treatment for an autoimmune disease.
The advertising creative attached to the lawsuit:
Meta argued that it was protected from liability under Section 230 of the federal Decency in Communications Act. Federal Judge Gregory Williams in Delaware rejected this claim and agreed that Meta was an “information content provider” and not immune from liability for unlawful advertising.
Regardless, on November 18, 2024, the judge dismissed the lawsuit, finding that Huckabee failed to state valid claims for invasion of privacy, unjust enrichment, and violation of the Arkansas Publicity Protection Act.
Huckabee also failed to prove that Meta knew that the advertisement was false, or that it was at least aware of facts and circumstances that could have led to such knowledge.
Judge Williams wrote:
“There is no allegation that Meta was required to conduct ‘due diligence’ on the truth of the asserted advertisements. Even if there was, such a requirement would be insufficient to infer malice.”
“It is unreasonable to infer that Meta entertained serious doubts about the asserted advertisements since Governor Huckabee has publicly denounced CBD.”
- Lawsuit: Document.
- More information: Google News.
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