Disgruntled with the lack of designs on Reese’s Halloween-themed peanut butter candy, a woman is suing Hershey for $5 million. Cynthia Kelly filed a federal class-action lawsuit in the US District Court in Florida alleging that several Reese’s products don’t match their photos as depicted on the wrappers.
She said the packaging suggests the individual peanut butter candies should have cute-looking details such as elaborate jack-o-lantern eyes and mouths. But in actuality, Reese’s peanut butter pumpkins didn’t have pumpkin carving-like designs at all. Kelly pointed out the same for peanut butter footballs and bats, and the white chocolate ghosts.
The plaintiff bought a bag of peanut butter pumpkins for $4.49 at an Aldi in Hillsborough County, Florida in late October 2023, believing that the product contained a cute-looking carving of a pumpkin’s mouth and eyes as highlighted on the product packaging.
The lawsuit stated that Kelly and the members of the Class have been aggrieved by Defendant’s unfair and deceptive practices. “They purchased the Products with the reasonable expectation that the Products would look similar to the pictures displayed on the Product’s packaging.”
Hershey faced a similar lawsuit back in June 2019 for misrepresentation and intentional consumer deception for White Reese’s Cups, which don’t contain cocoa butter and therefore aren’t real white chocolate. The judge had ruled that just because the cups were wrapped in white paper doesn’t mean Reese’s was actively feeding customers a misimpression.
Now, it’s to be seen what the judge will rule in the new lawsuit.