A federal judge in Delaware has dismissed a lawsuit filed by a former Arkansas Governor against social media giant Meta over advertisements using his name and image to sell CBD products. The Governor claimed that Meta allowed and profited from advertisements falsely stating that he used and endorsed CBD gummies. CBD, a component of marijuana, does not cause the psychoactive effects associated with THC.
Meta, the parent company of Facebook and Instagram, argued that it was protected from liability under Section 230 of the Federal Communication Decency Act. However, the judge rejected this argument, stating that Meta, by collecting user data and using algorithms to determine ad placement, was not immune from liability for false ads.
While the judge acknowledged that the Governor failed to prove valid claims for invasion of privacy, unjust enrichment, and violation of Arkansas’ Publicity Protection Act, he also noted that the Governor did not demonstrate that Meta knew the ads were fake or had knowledge that would suggest their falsity.
The judge emphasized that the Governor's assertion of Meta's approval and maintenance of the ads with malice or reckless disregard for truth was unsubstantiated. He stated that there was no evidence to suggest that Meta doubted the authenticity of the ads, especially considering the Governor's public stance against marijuana.
The judge concluded that there was no requirement for Meta to conduct due diligence on the truthfulness of the ads and that even if such a requirement existed, it would not imply malice on Meta's part. Therefore, the lawsuit was dismissed based on the lack of evidence supporting the Governor's claims against Meta.
