Alex McCurthy
In a legal battle that could cost The Hershey Company $5 million, a Florida woman, Cynthia Kelly from Tampa, has filed a lawsuit claiming that the packaging of Reese’s seasonal-shaped chocolates is “misleading” and has led to consumer deception.
Kelly alleges that Hershey’s has engaged in deceptive practices by showcasing images on the packaging that do not accurately represent the actual shape of the candies. According to the lawsuit, filed in Florida’s Middle District Court, the pumpkin-shaped chocolate lacks the carved eyes and mouth depicted on the package. Additionally, the football-shaped chocolate is said to resemble an egg, deviating from the expectations set by the packaging.
The lawsuit specifies that Kelly purchased pumpkin-shaped candies from Aldi for $4.49, believing they would feature the “cute looking carving of a pumpkin’s mouth and eyes” as pictured on the packaging. She asserts that had she known the snack-sized Reese’s did not have the carved face, she would not have made the purchase.
The legal document states, “Reese’s Peanut Butter Pumpkins product that Plaintiff purchased did not contain any of the artistic carvings of the mouth or eyes as pictured on the label.”
Kelly’s complaint extends beyond pumpkins, encompassing other seasonal shapes such as ghosts, bats, footballs, snowmen, and bells. The lawsuit includes photographs of these shapes, arguing that Reese’s packaging was once “accurate” and that products from “two to three years ago” matched the images on the package and did not feature faces.
Referring to various YouTube videos, Kelly points to creators accusing Reese’s of “lying” and “failing” to deliver on their packaging promises. The class action lawsuit aims to represent all consumers within the State of Florida who purchased one of the products, signaling a potential legal showdown for Hershey’s in the Sunshine State.
