TAMPA, Fla. (Legal Newsline) - A new lawsuit alleges Hershey has duped candy-eaters into thinking its Halloween-themed Reese's snacks would have a smile and eyes cut out, just like the jack-o'-lantern and ghost pictures on the packages.
A class action lawsuit was filed Dec. 28 against The Hershey Company by Cynthia Kelly on behalf of herself and all other similarly situated individuals. The case was filed in the United States District Court for the Middle District of Florida.
The complaint alleges that Hershey falsely represented several Reese’s Peanut Butter products as containing explicit carved out artistic designs when there are no such carvings in the actual products. The products in question 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, and others.
The plaintiff claims that Hershey's labels for these products are materially misleading and numerous consumers have been tricked and misled by the pictures on the product packaging. Several YouTube reviewers have also expressed their disappointment with the lack of promised details on these candies, the suit says.
The plaintiff is demanding a jury trial for this case. She is represented by Anthony Russo of The Russo Firm of Delray Beach.
"The packaging for the Reese’s Products were not always deceptive and misleading," the suit says.
"In order to boost sales and revenues of the Products, Hershey’s changed the packaging for the Products to include the detailed carvings within the last two to three years."