Down Angle Symbol A symbol in the form of an angle pointing downwards. Cynthia Kelly sued Hershey in federal court in Florida, alleging that Reese's Peanut Butter Pumpkin and other Reese's products were improperly represented on their packaging. United States District Court for the Middle District of Forida
- A woman sued Hershey because Reese's peanut butter pumpkins don't have small faces.
- The lawsuit quotes a reviewer who called the product a “chocolate blob.”
- A Hershey representative told BI that the company does not comment on pending litigation.
A woman in Florida is suing Hershey, claiming that Reese's Peanut Butter Pumpkins and other holiday products are not as sweet as they appear on the packaging.
According to court documents, Cynthia Kelly filed the class action lawsuit in Florida Middle District Court on Friday. The lawsuit requires a jury trial.
The complaint alleges that “several” Reese's Peanut Butter products feature certain ornate patterns on their packaging that are not present on the actual product within. 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.
“Reese's Pieces Pumpkins are depicted on the product label to include carved eyes and a mouth as follows,” the lawsuit states. “However, the actual Reese's Peanut Butter Pumpkins product does not contain any eye and mouth carvings.”
A side-by-side comparison of the photos in Cynthia Kelly's lawsuit against Hershey showing the Reese's Peanut Butter Pumpkin on the packaging (left) and a Reese's Peanut Butter Pumpkin (right). United States District Court for the Middle District of Florida
When reached for comment Sunday, a Hershey representative told BI that the company does not comment on pending litigation.
The lawsuit also involves Reese's Peanut Butter Footballs, whose packaging has the laces cut out, but when viewed at the actual product, “looks like an egg.”
The complaint alleges that the products' labels were “materially misleading” and that “numerous consumers were deceived and misled by their packaging.”
The suit includes links to several YouTube videos of people who have opened Reese's products and been disappointed with the product inside compared to the product pictured.
“Reese, what are you doing? Look at the picture on the package. “It’s like a pumpkin with faces and a little mouth – then you open the package and you’re presented with this monstrosity,” the lawsuit quotes a YouTube reviewer as saying.
The lawsuit also quotes another reviewer who said he was “a little disappointed” to find that the pumpkin had no face engraved on it and was instead a “chocolate blob.”
The lawsuit alleges that Hershey changed the packaging of Reese's products over the past three years to “increase sales and revenue.”
Consumers are suing brands for allegedly misleading advertising
Hershey isn't the only company hit with a class action lawsuit over false advertising this year.
In March, a man sued Buffalo Wild Wings, claiming the restaurant's “boneless wings” were more like chicken nuggets.
Neama Rahmani, a former federal prosecutor, previously told BI that the lawsuit against Buffalo Wild Wings was weak because to justify a class action, the damages would have to be “significant.”
“You only get white meat chicken breasts,” Rahmani said. “Did you really suffer any damage?”
Kelly's lawsuit against Hershey claims it falls under class action jurisdiction because the “matters in dispute” exceed $5 million and involve more than 100 people.
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