The Hershey Company has been hit with a lawsuit over its Reese’s packaging.
Florida woman Cynthia Kelly filed a lawsuit in Florida’s Middle District Court on Dec. 28 alleging that Hershey’s Reese’s Peanut Butter Pumpkins don’t reflect the product’s packaging. She is asking for $5 million in damages.
“This is a class action against Hershey for falsely representing several Reese’s Peanut Butter products as containing explicitly carved-out artistic designs when there are no such carvings in the actual products,” the lawsuit states, per USA Today.
Today, Hershey’s was sued in a false advertising class action.
Florida consumers say they were deceived because Reese’s pumpkins don’t actually have jack-o-lantern faces on them: pic.twitter.com/eF8AFqskzB
— Rob Freund (@RobertFreundLaw) December 29, 2023
According to the lawsuit, the plaintiff wouldn’t have purchased the goods if she knew the product didn’t have the “cute” carvings shown on the packaging.
The lawsuit also calls out other Reese’s holiday-inspired shapes that don’t reflect packaging including ghosts, bats, footballs, snowmen, and more chocolates.
The lawsuit was filed on behalf of “numerous consumers [who] have been tricked and misled by the pictures on the Products’ packaging,” per CNN.
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Entrepreneur has reached out to Hershey for comment.