Third Circuit Revives Huckabee's False Ad Lawsuit Against Meta
Third Circuit allows Mike Huckabee's false advertising lawsuit against Meta to proceed.
Why it matters: Tech companies face increased litigation risk over false advertising, crucial for legal counsel and litigators in the tech sector. This ruling signals courts may hold platforms more accountable for unauthorized use of likenesses.
- On June 23, 2026, the Third Circuit reversed the dismissal of Huckabee's suit against Meta, allowing it to continue.
- Huckabee alleges Meta hosted ads falsely claiming he endorsed CBD products, violating Arkansas publicity laws.
- The District Court dismissed the case, saying Huckabee failed to plausibly allege Meta's knowledge of false ads.
- The Third Circuit found evidence Meta likely knew of the misuse, citing Huckabee's known public opposition to CBD products.
On June 23, 2026, the Third Circuit Court of Appeals reversed a lower court's dismissal of Mike Huckabee's lawsuit against Meta Platforms, enabling the case to move forward. Huckabee accuses Meta of hosting advertisements falsely claiming his endorsement of CBD products, which he argues violates the Arkansas right of publicity statute.
Huckabee filed the lawsuit on July 1, 2024, after false ads appeared between April and June 2024. The ads used his name and image without consent to promote CBD, despite Huckabee's well-known opposition to these products. Meta was initially shielded from liability when the District Court dismissed the complaint, finding the allegations lacked plausible proof that Meta was aware of the false advertisements.
The Third Circuit disagreed, emphasizing that Huckabee had sufficiently alleged Meta's knowledge. The court noted, "The legitimacy of the advertisements could have been questioned because Huckabee, who was shown in the advertisements in question endorsing CBD products, had a long history of opposing CBD." According to Huckabee, Meta has been aware for over four years that public figures' likenesses were improperly used to promote CBD products without their consent.
This ruling vacated the earlier dismissal and remanded the case for further proceedings, reflecting a judicial shift toward scrutinizing social media platforms' responsibilities regarding false advertising and impersonation ads. Legal professionals monitoring tech-related false advertising litigation will note this as a significant development indicating that courts may increasingly hold platforms accountable for unauthorized advertising.
By the numbers:
- June 23, 2026 — Third Circuit reverses dismissal
- July 1, 2024 — Huckabee files the lawsuit
- April-June 2024 — Period when the false advertisements ran
What's next: The case is now remanded for further proceedings, setting a precedent for increased litigation over social media advertising practices.