IANAL but isn't it illegal (grounds for a lawsuit at least) to use the image of someone, who is too young to provide legal consent, in an advertisement without

IANAL but isn't it illegal (grounds for a lawsuit at least) to use the image of someone, who is too young to provide legal consent, in an advertisement without their legal guardian's express written consent? In the article they list the states that it is illegal in. This is presumably a federal case that doesn't take that into account.