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HILLSBOROUGH COUNTY, Fla. (WFLA) — A Hillsborough County woman filed a hefty class-action lawsuit against The Hershey Company, claiming the chocolate maker used “false and deceptive advertising” for its Reese’s candies.
According to court documents, Cynthia Kelly is suing Hershey’s “on behalf of herself and all other similarly situated individuals who purchased a Reese’s Peanut Butter product based on false and deceptive advertising.”
The complaint, filed on Thursday in Florida’s Middle District Court, alleges that Hershey’s violated Florida’s Deceptive and Unfair Trade Practices Act.
The suit is centered around the following Reese’s Peanut Butter products:
- 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
- Reese’s Peanut Butter footballs
- Reese’s Peanut Butter Shapes Assortment Snowmen, Stockings, Bells
The issue is not how they taste, but how they look. In the lawsuit, Kelly claimed the Reese’s Peanut Butter products were “falsely” represented as “containing explicit carved out artistic designs when there are no such carvings in the actual products.”
According to the suit, Reese’s Peanut Butter Pumpkins are depicted in the label as having carved-out eyes and a mouth to resemble a jack-o-lantern. But the actual product has no carvings for the eyes and mouth.
Reese’s White Ghost, bats, footballs and other holiday-themed candy are also missing the decorative carving. Kelly claims many consumers have been “tricked” and misled” by the product’s pictures.
“Hershey’s labels for the Products are materially misleading and numerous consumers have been tricked and misled by the pictures on the Products’ packaging,” the suit states.
Courtesy of the Florida Middle District Court: Screengrab of lawsuit depiction of the wrapping vs. the actual product. 
Courtesy of the Florida Middle District Court: Screengrab of lawsuit depiction of the wrapping vs. the actual product. 
Courtesy of the Florida Middle District Court: Screengrab of lawsuit depiction of the wrapping vs. the actual product.
The lawsuit links to multiple YouTube reviews from people complaining about being duped by the packaging.
In one review, a YouTuber said they were “flabbergasted.”
“Reese’s what are you doing! Look at the picture on the packet. It’s like a pumpkin with faces and a little mouth — then you open up the packet and you are presented with that monstrosity,” they said.
“It is kind of deceptive because on the front of the package they make it look like there is a little face cut into them, a jack-o-lantern face, and that is not the case. I have bought these, like I said, for years now and they do not have a face cut into them….I just don’t think they should do that. If you are going to show a face, put a face on it,” a “long-time purchaser” said.
The lawsuit notes the packaging hasn’t always been “deceptive and misleading,” but Hershey’s changed it in order to boost sales and revenues.
According to the suit, Kelly was shopping at an Aldi’s in Hillsborough County in October when she saw the Reese’s Peanut Butter Pumpkins on display near the register and “believed that the product contained a cute looking carving of a pumpkin’s mouth and eyes as pictured on the product packaging.”
She went on to buy the bag for about $4.49. However, when she got home and unwrapped the chocolate, she was disappointed. According to documents, the woman said she “would not have purchased” the candy if she knew the Reese’s did not have the detailed carvings.
The suit alleges Hershey’s took part in and “further a common scheme” to entice consumers to purchase the decorative candy by “means of untrue, misleading, deceptive, and/or fraudulent representations.”
If a judge grants the lawsuit class-action status, it would apply to “all consumers within the State of Florida” who bought the “misleading” Reese’s products.
“The matter in controversy exceeds the sum or value of $5,000,000, exclusive of interest and costs, and this is a class action in which the number of members of the proposed class is not less than 100,” the lawsuit said.
The chocolate giant has 21 days to respond to the suit.
