Title: Florida Woman Sues Hershey for $5 Million Over “Misleading” Reese’s Packaging
Byline: Alyssa Guzman
Published: Dec. 29, 2023, 9:48 p.m. ET
A Florida woman has filed a lawsuit against The Hershey Company, alleging that the packaging of Reese’s seasonal-shaped chocolates is “misleading” and does not accurately represent the actual contents of the products.
Cynthia Kelly, of Tampa, is seeking $5 million in damages, claiming that the packaging of the chocolates does not match the actual shapes of the candies. In the lawsuit filed in Florida’s Middle District Court, Kelly cited examples such as the pumpkin-shaped chocolate not having the eyes and nose cutouts as depicted on the packaging, and the football shape resembling an egg.
According to the lawsuit, Kelly alleged that Hershey’s labels for the products are “materially misleading” and that numerous consumers have been “tricked and misled” by the pictures on the products’ packaging.
The lawsuit includes examples of the “misleading” products, such as a ghost with no eye holes and a football-shaped candy that resembled an egg. This legal action was prompted after Kelly purchased pumpkin-shaped candies at a grocery store, believing they contained cute carvings as pictured on the packaging. However, upon opening the candies, she found that the carvings were not actually included.
The class-action lawsuit is set to cover all consumers within the State of Florida who purchased one of the products, and Kelly also claimed that Reese’s packaging was not always “deceptive” and that the products matched their packaging without displaying faces in the past.
The New York Post has reached out to Hershey for comment on the lawsuit.