- A woman sued Hershey because Reese's Peanut Butter pumpkins don't have little faces.
- The lawsuit quotes one reviewer who described the product as a “chocolate bubble.”
- A Hershey representative told BI that the company does not comment on pending litigation.
A woman in Florida has filed a lawsuit against the Hershey Company, claiming that Reese's Peanut Butter Pumpkins and other holiday products are not as cute as they appear on their packaging.
Cynthia Kelly filed the class action lawsuit Friday in the Central District Court of Florida, according to court records. The lawsuit requires a jury trial.
The complaint alleges that “many” Reese's Peanut Butter products contain specific sculptural artistic designs on their packaging that are not found on the actual product inside. The document points to Reese's Peanut Butter Pumpkins and Reese's White Chocolate Ghosts, which are typically sold in October around Halloween, as examples.
“The Reese's Cut pumpkin is depicted on the product label as having carved eyes and a mouth as follows,” the lawsuit says. “However, the actual Reese's Peanut Butter Pumpkins product does not have any eye and mouth engravings.”
When reached for comment on Sunday, a Hershey representative told BI that the company does not comment on pending litigation.
The lawsuit also addresses the issue of Reese's Peanut Butter Footballs, which have the bands sculpted on their packaging, but instead “look like an egg” when the actual product is displayed.
The complaint alleges that the product labels are “materially misleading” and that “many consumers have been deceived and misled” by their packaging.
“What's Reese doing! Look at the picture on the package. It's like a pumpkin with little faces and mouths – and then you open the package and you get that monster,” the lawsuit quoted a YouTube reviewer as saying.
The lawsuit also quotes another reviewer who said they were “a little disappointed” when they discovered that the pumpkin didn't have a face carved into it and was instead a “chocolate bubble.”
The lawsuit alleges that Hershey changed the packaging of Reese's products to “boost sales and revenue” over the past three years.
Consumers are suing brands over what they say are deceptive advertising
Hershey's isn't the only company to file a class-action lawsuit over misleading advertising this year.
Nima Rahmani, a former federal prosecutor, previously told BI that The case against Buffalo Wild Wings is weak Because in order to justify a class action, the damages must be “substantial.”
“You're getting all white-meat chicken breasts,” Rahmani said. “Did you really suffer any harm?”
Kelly's lawsuit against Hershey claims that it falls within class action jurisdiction because the “matter at issue” exceeds $5 million and affects more than 100 people.
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