In a surprising turn of events, a simple craving for Halloween treats at a Florida grocery store led to a substantial class-action lawsuit against The Hershey Company. Cynthia Kelly, from Hillsborough County, has taken legal action, alleging that the chocolate she purchased from the company didn’t match the ‘cute’ image displayed on its packaging.
The lawsuit was filed against The Hershey Company, which owns the Reese’s brand, in the U.S. District Court for the Middle District of Florida on December 28, 2023. The information, as reported by Jax Daily News, states that the class-action suit involves more than 100 members and concerns a dispute valued at over $5,000,000.
Represented by Anthony J. Russo of The Russo Firm in Delray Beach, Kelly accuses Reese’s and Hershey of engaging in a “common scheme” of false, misleading, and deceptive advertising. The complaint centers around the claim that the product packaging enticed customers under false pretenses, leading them to believe the product would resemble the attractive designs depicted on the package.
The incident that sparked the lawsuit occurred when Kelly purchased Reese’s Peanut Butter Pumpkins at an Aldi store in Hillsborough County. The lawsuit elaborates that Kelly was led to believe that the product would feature a ‘cute looking carving’ of a pumpkin’s mouth and eyes, as shown on the packaging, for which she paid approximately $4.49.
However, upon opening the packaging, Kelly discovered that the product inside bore no resemblance to the depicted artistic carvings, such as the eyes or mouth. The lawsuit argues that Kelly, and presumably other consumers, were misled by the packaging and would not have made the purchase had they known the true nature of the product.
Included in the lawsuit are photographs comparing the packaging of Reese’s products with the actual chocolate inside, highlighting a significant discrepancy. The products in question extend beyond the Peanut Butter Pumpkins to include other seasonal varieties like Reese’s White Pumpkins, Reese’s Pieces Pumpkins, and more.
The lawsuit also refers to YouTube videos from other consumers who felt deceived by Reese’s marketing tactics. It alleges that Hershey’s recent change in packaging to include detailed carvings was a strategy to increase sales, contrasting with their previous packaging style that did not feature such designs.
Citing the Florida Deceptive and Unfair Trade Practices Act (FDUTPA), which prohibits unfair and deceptive practices in commerce, the lawsuit claims that Hershey’s actions are damaging to consumers. The class seeks a jury trial, compensatory damages, a correction of Hershey’s alleged deceptive behavior, and payment for legal fees and costs.