A woman in Tampa Bay, Florida, is seeking class-action status in a lawsuit against the Hershey Co. after the packaging of her peanut butter pumpkins left a sour taste in her mouth.
According to CBS affiliate WTSP-TV in Tampa, Cynthia Kelly filed a proposed class action lawsuit in federal court on Thursday, accusing the company of “misrepresenting” some of its Reese's Peanut Butter products.
The woman's trouble with the candy began in October when she paid $4.49 for a package of the pumpkin-shaped Reese's at an Aldi grocery store because she assumed “the product contained a cute-looking carving of a pumpkin's mouth and eyes.” , as shown on the product packaging,” the filing said.
When she opened one of the treats, she discovered that the product was completely covered in chocolate and had none of the detailed carvings that she claimed inspired her to purchase the product.
Kelly said she never would have bought the pumpkins if she had known they were just Reese's pumpkins and didn't have the pumpkin face.
A Florida woman has proposed a class-action lawsuit against the Hershey Co. because the Reese's Pumpkins candy she purchased didn't look like the picture on the packaging.Kelly's petition accuses Hershey of attempting to induce people to purchase the pumpkin peanut butter candies “through untrue, misleading, deceptive and/or fraudulent” representations.
But Kelly doesn't stop at pumpkins.
Portal noted that their lawsuit seeks damages for all Florida residents who purchased the “fraudulent” products, including White Ghost, Peanut Butter Bats and Peanut Butter Footballs. If filed as a class action lawsuit, the lawsuit would seek more than $5 million in damages.
HuffPost reached out to Hershey for comment, but no one immediately responded. A company spokesperson told Fox Business that it does not comment on pending litigation.
Although Kelly is the first person to sue Hershey over the lack of a face on the real Reese's pumpkins, she isn't the first to complain about it.
A 2019 YouTube video cited in Kelly's lawsuit calls the design of Reese's pumpkins a “monstrosity” but admits the taste is “pretty good.”