Hershey Faces $5 Million Lawsuit Over Reese's Seasonal Candy Packaging

The Hershey Company has been brought to court over allegations of misleading packaging for its Reese's seasonal candy line. The lawsuit claims customers were deceived into expecting candy shapes that the packaging failed to deliver.

Charlie Kennedy

2024-01-05
Updated 05:34 AM ET

(NewsNibs) - Hershey's customer Cynthia Kelly has filed a lawsuit against the confectionery giant, seeking $5 million in damages. The complaint centers on the company's Reese's Peanut Butter Pumpkins, which were allegedly misrepresented as having detailed, carved-out faces akin to jack-o'-lanterns. Contrary to the illustrations on the candy packaging, the actual pieces did not feature the promised design. The case has underscored consumer dissatisfaction with product misrepresentation and raised questions about accountability in advertising. Hershey has remained silent, declining to comment on the ongoing legal dispute.

Widespread Consumer Discontent

The lawsuit gains some of its heft from numerous YouTube videos where individuals express their disappointment with the product, indicative of a broader customer dissatisfaction. These grievances are not confined to the Halloween-themed Reese’s Pumpkins; other seasonal treats, such as Reese’s Ghosts, Bats, and additional Pumpkin candies, are also implicated in the misleading packaging issue.

Representing the plaintiff is attorney Anthony Russo, who has built a reputation for tackling false advertising claims. Russo's firm is currently handling similar litigations, including a class action suit against Burger King over the presentation of their food items. The firm, which reportedly takes fewer than 1% of the roughly 100 monthly calls it receives on false advertising matters, emphasizes selective engagement in impactful cases.

The Larger Context of False Advertising

This case against Hershey is not isolated within the food industry. Other prominent brands like Taco Bell, Starbucks, McDonald's, and Subway have also faced legal action for false advertising. As these lawsuits garner public attention, they pose significant implications for companies' marketing strategies and consumer protection laws. While the outcome of Kelly's lawsuit remains undetermined, the case underlines the growing scrutiny over the authenticity of advertising and product representation within the food industry.