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> Joe Rogan has mentioned a few times that people are using a deep fake of him to sell penis enhancement products.

shouldnt this already fall under false advertising laws?



Oddly, no, as long as the product actually does what it is advertised to do, it is not false advertising.

Currently, it's a misappropriation of likeness issue, which is currently a state-level civil action in some but not all states. The point of the proposed law is to make stuff like this regulated by a single, federal law instead of a patchwork of state laws.


No, just as using a lookalike or (for radio ads) voice actor with a deliberately similar voice and phrasing wouldn’t, unless they actually claim it is Joe Rogan endorsing the product.


Bette Midler won a lawsuit over a soundalike in a Ford commercial. Ford first approached her to do the ad and when she turned them down, they hired an imitator.

https://en.wikipedia.org/wiki/Midler_v._Ford_Motor_Co.


Yes, but that's not on false advertising grounds, its on California state common law right of personality grounds.

The question about whether it was a false advertising violation, not whether it might be actionable under state law on some other grounds.


I guess you’d have to ask his wife




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