Hershey Faces Lawsuit Over Misrepresented Halloween Candy
A consumer has filed a lawsuit against The Hershey Company for what is claimed to be false representation of their holiday-themed candy products.
Taylor Brooks
- 2024-01-06
- Updated 05:39 PM ET
(NewsNibs) - The lawsuit, initiated by Cynthia Kelly in a federal court in Florida, alleges that the confectionery giant misled customers by packaging Reese's Peanut Butter Pumpkins with images suggesting they had carved pumpkin faces, a feature the actual candies did not possess. The products in question also include the Reese's White Pumpkins, Pieces Pumpkins, Peanut Butter Ghosts, and White Ghosts. According to Kelly, the lack of promised carvings led to her decision to take legal action, asserting that she would not have made the purchase had she known the true nature of the products.
Class-Action Lawsuit Sought
Kelly's legal pursuit seeks class-action status, aiming to represent multiple consumers who feel they have been similarly misled by Hershey's packaging. The contention centers around not just the accuracy of the representation but also the influence it may have on a customer's decision to buy. The lawsuit comes at a time when Hershey has opted not to comment on the ongoing legal matter.
Precedents in Advertising Disputes
The challenge Hershey faces is not isolated. In recent years, several other major food companies, including Taco Bell, Wendy's, McDonald's, Burger King, and Arby's, have faced legal actions over claims that their advertising misled customers about the actual products. Anthony Russo, the attorney behind the lawsuit against Hershey, is tasked with demonstrating that the allegedly deceptive advertising could mislead a "reasonable consumer," a standard measure for success in false advertising claims.
The outcome of this lawsuit could have implications for how confectionery and fast-food companies represent their products in advertising, possibly leading to stricter scrutiny of marketing practices. Industry observers are closely watching the case, as it may set a precedent for the treatment of consumer expectations versus the reality of marketed products.
