A Florida woman filed a $5 million lawsuit against Hershey’s alleging that Reese’s Halloween candy packaging featured Jack-o’-lantern faces, which wasn’t the case.

Misleading Packaging: The Lawsuit Unveiled

Cynthia Kelly’s purchase of Reese’s peanut butter pumpkins led to a significant legal dispute. Her disappointment stemmed from the candies’ packaging displaying carved faces that were absent from the actual chocolates. This mismatch prompted Kelly to file a class-action lawsuit in Florida, seeking a substantial $5 million in damages from Hershey’s.

Allegations of Deception

The lawsuit alleges that Hershey’s employed deceptive marketing tactics by showcasing images of Reese’s products with intricately carved eyes and mouths, contrasting sharply with the plain chocolates inside. Kelly’s claim isn’t solitary; the suit presents a range of Reese’s products, including peanut butter pumpkins, white pumpkins, peanut butter ghosts, white ghosts, and peanut butter bats, all exhibiting similar misleading packaging.

Consumer Discontent and Legal Grounds

Supported by her own experience of purchasing the Peanut Butter Pumpkins, Kelly asserts that had she been aware of the actual contents, she wouldn’t have made the purchase. The lawsuit emphasizes that Hershey’s labeling misled numerous consumers, citing videos where customers express their dismay over the disparity between the packaging and the product itself.

Breach of Trade Practices

The legal complaint contends that Hershey’s actions violate Florida’s Deceptive and Unfair Trade Practices Act. It urges the company to rectify the packaging to accurately represent the contents. If the lawsuit secures class-action status, it could encompass all consumers in Florida who bought the misrepresented products, potentially leading to compensation for those affected.

A History of Legal Encounters

This legal clash isn’t Hershey’s first encounter with lawsuits. A previous lawsuit in 2022 accused the chocolate giant of failing to disclose lead and cadmium quantities in dark chocolate bars. Initiated by Christopher Lazazzaro in New York, the case arose from Consumer Reports’ investigation, ultimately ending with voluntary dismissal without any cost or fee awards.

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