Reese’s Lawsuit Claims Candy Is Falsely Advertised as Having Artistic Seasonal Designs
Kelly v. The Hershey Company
Filed: December 28, 2023 ◆§ 8:23-cv-02977
A class action alleges several Reese’s Peanut Butter products have been falsely and deceptively advertised as bearing artistic designs carved into the chocolate.
Florida
A proposed class action lawsuit alleges several Reese’s Peanut Butter products have been falsely and deceptively advertised as bearing artistic designs carved into the chocolate.
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The 17-page complaint relays that although the Reese’s products at issue are touted as bearing, for example, pumpkin and ghost faces, football laces, and bat eyes carved into the chocolate, consumers nationwide have discovered that what they paid for looks nothing like what was advertised.
“[Defendant] Hershey’s labels for the Products are materially misleading and numerous consumers have been tricked and misled by the pictures on the Products’ packaging,” the suit, filed on December 28 in Florida, alleges.
According to the suit, Hershey’s revised product packaging for the items at issue in order to boost sales and added to the packaging “the detailed carvings within the last two to three years.” The complaint relays, however, that many consumers have taken to YouTube and social media to voice their displeasure at learning that the Reese’s candy was missing the promised carvings.
The plaintiff, a Hillsborough County, Florida resident, claims to have purchased the Reese’s Peanut Butter Pumpkins last October under the belief that the candy “contained a cute looking carving of a pumpkin’s mouth and eyes as pictured on product packaging,” the case shares. However, the product the plaintiff purchased contained none of the artistic carvings displayed on the packaging, the filing claims.
“Plaintiff would not have purchased the Reese’s Peanut Butter Pumpkins product if she knew that it did not have the detailed carvings of the mouth and/or eyes as pictured on the product label,” the lawsuit says.
Per the lawsuit, the particular Reese’s products at issue 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.
The case looks to cover all consumers in Florida who bought one of the products listed above within the statute of limitations period.
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