A Florida resident, Cynthia Kelly, has filed a proposed federal class action lawsuit against The Hershey Company, alleging deceptive packaging of their holiday-themed Reese’s Peanut Butter products. Filed on December 28th in the United States District Court for the Middle District of Florida, Kelly’s suit asserts that Hershey’s packaging is misleading and deceptive to consumers.
The lawsuit claims that various Reese’s Peanut Butter items, such as Pumpkins, White Pumpkins, Pieces Pumpkins, Peanut Butter Ghosts, White Ghosts, Peanut Butter Bats, Peanut Butter Footballs, and Shapes Assortment Snowmen Stockings Bells, are misrepresented on their packaging. Specifically, Kelly argues that Hershey’s labels showcase explicit carved-out artistic designs, such as faces, that are absent in the actual products.
The packaging for Reese’s Peanut Butter Pumpkins, cited in the lawsuit, displays a carved-out face, but the actual item lacks any such carvings or facial features. Similar discrepancies are highlighted concerning Reese’s Peanut Butter Bats, Reese’s White Ghosts, and Reese’s Peanut Butter Footballs, which, according to the lawsuit, do not resemble the depicted carvings or details.
Accompanied by images of the misrepresented packaging and the actual candy items, the lawsuit also references several YouTube videos where individuals express feeling misled by Hershey’s depiction versus the actual appearance of the candies.
Hershey’s is facing a multi-billion dollar lawsuit over “false and deceptive advertising.” https://t.co/aDa0x0snOk
— 12 News (@12News) December 30, 2023
Furthermore, the lawsuit accuses Hershey of altering its product packaging in recent years to enhance sales and revenue. Kelly alleges that older packaging from two or three years prior did not exhibit facial features on the products, unlike the current versions.
Kelly, who purchased Reese’s Peanut Butter Pumpkins believing they contained detailed carvings as pictured on the label, later discovered the absence of such features. Stating that she would not have made the purchase had she known about the disparity, Kelly seeks at least $5 million in damages.
When contacted for comment, Hershey declined to provide a statement regarding the pending litigation. Kelly’s attorney did not respond to requests for comment.
