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A Florida woman is suing Hershey after claiming she was deceived by the packaging of the chocolate brand's holiday items.
In a proposed federal class action lawsuit filed on Thursday, December 28, plaintiff Cynthia Kelly of Hillsborough County, Florida, said she filed the lawsuit “on behalf of herself and all other similarly situated persons who “purchased a Reese's Peanut Butter product based on false and misleading advertising.” .”
“Hershey’s product labels are materially misleading and numerous consumers have been deceived and misled by the images on the product packaging,” says the lawsuit, filed in the U.S. District Court for the Middle District of Florida.
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These products include “Reese's Peanut Butter Pumpkins, Reese's White Pumpkins, Reese's Pieces Pumpkins, Reese's Peanut Butter Ghost, Reese's White Ghost, Reese's Peanut Butter Bats, Reese's Peanut Butter Footballs and Reese's Peanut Butter Shapes Assortment Snowmen Stockings Bells,” it says Men's suit .
The Hershey Company, Kelly said, “misrepresents that several Reese's Peanut Butter products contain explicitly carved artistic patterns, when no such carvings exist in the actual products.”
Cynthia Kelly, the plaintiff, claims she would not have purchased the candy if she had known that the item did not actually have a face engraved on it. (United States District Court for the Middle District of Florida / Fox News)
The lawsuit specifically cites the packaging of Reese's Peanut Butter Pumpkins. On the packaging, you can see a cut-out face on the chocolate item, but the actual item has no carvings, facial features or anything else.
The products Reese's Peanut Butter Bats and Reese's White Ghost are also cited in the lawsuit for lacking facial features despite their packaging.
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The Reese's Peanut Butter Footballs are pictured with a shoelace carving, the lawsuit said, but the actual item “does not contain a shoelace carving” and “looks like eggs!!”
The lawsuit includes images of the packaging of the candies mentioned, as well as images of the items in question.
The Reese's Peanut Butter Cups pictured above have not been accused of misleading advertising. (The Washington Post/Getty Images/Getty Images)
The lawsuit also includes links to numerous YouTube videos of people saying they were “lied to” by Hershey because the products in question did not feature cut-out faces or other details in the chocolate coating.
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The lawsuit also accuses Hershey of changing its product packaging to “increase sales and revenue,” noting that previous packaging from two or three years ago did not include facial features on its products.
The lawsuit also alleged that the football-shaped Reese's variant contained misleading advertising. (United States District Court for the Middle District of Florida / Fox News)
In late October 2023, Kelly “looked at the Reese's Peanut Butter Pumpkins displayed near the checkout counters and believed that the product contained a cute-looking carving of a pumpkin's mouth and eyes, as depicted on the product packaging,” it said in the statement of claim.
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Kelly purchased the pumpkins for $4.49, but later discovered that they did not contain any of the carvings pictured on the label.
“(Kelly) would not have purchased the Reese's Peanut Butter Pumpkins product if she had known that it did not feature the detailed carvings of mouth and/or eyes as depicted on the product label,” the lawsuit states.
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Kelly is seeking at least $5,000,000.
Neither Hershey nor Kelly's attorney responded to Fox Business' request for comment on the case.
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