Lawsuit Targets Hershey’s Deceptive Marketing of Reese’s Halloween Candy Packaging

Tampa, Florida – A $5 million class-action lawsuit has been filed against Hershey’s, alleging deceptive marketing practices for its Reese’s Halloween candy. The lawsuit was filed in December in the Middle District of Florida by Cynthia Kelly, who claims that the packaging of Reese’s Peanut Butter Pumpkins misrepresented the product.

According to the lawsuit, Kelly purchased a package of Reese’s Peanut Butter Pumpkins from an Aldi’s grocery store in Hillsborough County. The packaging featured a “cute looking carving of a pumpkin’s mouth and eyes,” but when Kelly opened the candy at home, she discovered that the product did not have the promised artistic carvings. The lawsuit argues that this is a violation of the Florida Deceptive and Unfair Trade Practices Act.

The plaintiffs are represented by Anthony Russo Jr., founding partner of The Russo Firm, who stated, “Major brands like these need to have a fiduciary responsibility to their consumers and not continually engage in perpetual advertorial deception. We intend to have our clients’ voices heard to force necessary change in the industry.” Hershey’s has not yet commented on the lawsuit.

The lawsuit includes several other Reese’s Halloween products, such as Reese’s White Pumpkins, Reese’s Peanut Butter Bats, and Reese’s Peanut Butter Footballs. The packaging of these products also allegedly misrepresents the actual candy by depicting carved-out features that are not present.

This is not the first time that Hershey’s has faced legal action over misleading candy packaging. A YouTube short titled “Reese’s Halloween Candy LIED To Me!” went viral, showing a man opening packages of the candy to reveal the lack of decorations that were depicted on the packaging. The lawsuit lists 12 different YouTube videos that complain about the deceptive packaging.

According to the lawsuit, Hershey’s changed the packaging of its Halloween candy in recent years to include the misleading carvings while the actual candy remained the same. The plaintiffs are seeking $5 million in damages, and if the lawsuit is certified as a class-action, it would be open to anyone in the United States who feels that they were deceived by the advertising.

The Russo Firm, the law firm representing the plaintiffs, has previously targeted fast-food restaurant chains, including McDonald’s and Taco Bell, over similar marketing deception cases. Multiple lawsuits have been filed recently against chain restaurants, highlighting the need for transparency and accurate representation of products.