Judge Dismisses Huckabee’s Lawsuit Against Meta Over Fake CBD Gummy Ads

A federal judge in Delaware has dismissed former Arkansas Governor Mike Huckabee’s lawsuit on Monday against Meta, the parent company of Facebook and Instagram, over CBD product advertisements using his name and image.
The ruling, handed down on Monday in Delaware, dismisses a lawsuit against Meta over advertisements using Huckabee’s name and image to sell CBD products. CBD, or cannabidiol, is one the main active ingredients in marijuana but does not, by itself, provide the high caused by psychoactive THC.
Huckabee, a Baptist minister and President-elect Donald Trump’s nominee to be U.S. ambassador to Israel, accused Meta of allowing and profiting from the ads, which he says falsely portrayed him as endorsing CBD gummies.
However, Meta argued that it was immune from liability under Section 230 of the Federal Communication Decency Act, which shields online platforms from liability for third-party content and the rights of individuals whose names or likenesses are used without permission.
U.S. District Judge Gregory Williams rejected that claim. However, he found Huckabee’s claims lacking for invasion of privacy, unjust enrichment and violation of Arkansas’ Publicity Protection Act.
The judge, meanwhile, did agree with Huckabee that, in collecting user data and using algorithms to determine which posts and advertisements appeared at the top of users’ newsfeeds, Meta was an “information content provider” that was not immune from liability for the illegitimate ads.
However, Williams ruled that Huckabee failed to prove Meta knowingly allowed the fraudulent ads to circulate or acted with “actual malice.”
“It is not reasonable to infer that Meta entertained serious doubts about the asserted advertisements since Governor Huckabee has publicly denounced marijuana,” the judge 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 requirement would be insufficient to infer malice.”
Huckabee has not yet commented on whether he will appeal the ruling.
Huckabee’s Nomination
The dismissed lawsuit comes just days after the former governor was nominated by Trump for U.S. ambassador to Israel.
Huckabee is a staunch defender of Israel, and his intended nomination comes as Trump has promised to align U.S. foreign policy more closely with Israel’s interests as it wages multi-front wars against the Iran-backed Hamas and Hezbollah militant groups.
“I am pleased to announce that the Highly Respected former Governor of Arkansas, Mike Huckabee, has been nominated to be The United States Ambassador to Israel,” Trump said in a statement.
He continued, “Mike has been a great public servant, Governor, and Leader in Faith for many years. He loves Israel, and the people of Israel, and likewise, the people of Israel love him. Mike will work tirelessly to bring about Peace in the Middle East!”
The former governor has not previously held a diplomatic post. His nomination, which will require almost-certain Senate confirmation, comes as Trump will now face pressure to end the wars in the Middle East as he promised.
This article includes reporting from The Associated Press.