Fans of actress Ana De Armas suing Universal Studios after cutting her role in Yesterday film

Two Ana De Armas fans are suing Universal Studios for $5million after accusing it of ‘false representation’ because the star’s role was cut from the 2019 film Yesterday but footage of her was kept in its trailer.  

In a new ruling, US federal judge Stephen Wilson says movie studios can be sued for false advertising if their trailers are deceptive.

Conor Woulfe and Peter Michael Rosza accuse Universal Studios of fraud after they paid $3.99 to rent Yesterday on Amazon Prime in January to see the James Bond star after she appeared in the film’s trailer. 

The Cuban-Spanish actress, 34, appears for 15 seconds in the 210-second trailer, but did not make the final cut of the movie. 

Fans of Ana De Armas are suing Universal Studios in a $5million lawsuit for ‘false representation’ after her role was cut from the 2019 film Yesterday but kept in its trailer (pictured)

The Cuban-Spanish actress, 34, appears for 15 seconds in the 210-second trailer but did not make the final cut of the movie

Universal claimed trailers had ‘free speech’ protection under the First Amendment of the US Constitution and should be considered ‘non-commercial’.

But Judge Wilson ruled that they were subject to commercial speech regulations, including the California False Advertising Law and the state’s Unfair Competition Law, reported Variety. 

He wrote: ‘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.’ 

The film studio said the ruling could be burdensome and lead to lawsuits from disappointed fans, pointing out that other films, such as Jurassic Park, also featured footage not shown in the final cut of the movie. 

Ana de Armas, who has 8.7million Instagram followers and also featured in the James Bond film No Time to Die, was due to play a character called Roxane in Yesterday

Writer Richard Curtis cut her role from the movie to prevent her character undermining its primary love interest, Ellie, played by Lily James. L to R: Himesh Patel, who plays lead character Jack, Miss James and director Danny Boyle at the premiere of Yesterday in June 2019

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Yesterday stars Himesh Patel as Jack Malik, a musician who discovers that following a mysterious worldwide blackout everyone has forgotten the existence of The Beatles

The film stars Himesh Patel as musician Jack Malik, who discovers that following a mysterious worldwide blackout everyone has forgotten the existence of The Beatles 

After reintroducing their songs to the world he shoots to fame. 

Miss de Armas, who has 8.7million Instagram followers and also featured in the Marylin Monroe movie Blonde, was due to play his initial love interest Roxane and would be seranaded by Jack singing The Beatles song Something. 

But writer Richard Curtis cut her role from the final film, saying fans would be upset that her character would take away from Malik’s primary love interest Ellie, played by Lily James. 

Mr Woulfe and Mr Rosza claim the $5million lawsuit is equal to the number of fans who will have been disappointed by Miss de Armas not making the final edit. 

Judge Wilson said the ruling was limited to whether an actor or scene would be in the movie and ‘nothing else’.   

Mr Curtis told CinemaBlend: ‘That was a very traumatic cut because she was brilliant in it. 

‘You know, it’s one of those things where it’s some of our favourite scenes from the film, but we had to cut them for the sake of the whole.’