Hershey Sued For Millions Over Reese’s Packaging That Doesn’t Match Chocolates
Image via Hersheyland
Hershey faces a sticky situation as a class-action lawsuit has been filed against the chocolate giant over its Reese’s Peanut Butter Pumpkins packaging.
Cynthia Kelly, the plaintiff, is seeking at least US$5 million in damages, accusing Hershey of “misleading” and “deceptive” advertising. The crux of the issue? The pumpkins on the packaging sport intricately carved faces, but the actual chocolates lack this festive detail.
Kelly, who made her purchase at an Aldi store, had expectations of a “cute-looking” jack-o-lantern design on her chocolate, as depicted on the wrapper, the complaint reads. Upon discovering the plain chocolate pumpkins within, she felt deceived by the discrepancy between the package art and the product inside. Can you say, trick or treat?
This @reeses pumpkin looks an awful lot alike the Easter egg Reese’s. pic.twitter.com/7I0kMcmH1v
— A-A-Ron (@AGrantFL) November 5, 2020
The disappointment led her to take legal action, claiming that she, along with numerous other consumers, would not have purchased the product had the wrapper accurately represented the plain chocolate inside.
The lawsuit currently includes over 100 members, all echoing the sentiment that Hershey isn’t being honest to consumers with the packaging for these holiday-shaped chocolates.
The filing also references YouTube videos of underwhelmed customers and points out the wrapper’s small print, which reads “decorating suggestion,” as inadequate justification for the difference between expectations and reality.
A visual published on the Hersheyland website. Image via Hersheyland
It might be #October1st, but we already started Halloween. Catch up & eat a Reese's Pumpkin. #NotSorry pic.twitter.com/ZppLdgI3Ov
— REESE'S (@reeses) October 1, 2018
It seems this gripe has been pointed out for years, but no one made the move to sue. Online, many users have likened the undecorated treats’ appearance to “a kidney.”
My Reeses pumpkin looks more like a kidney. pic.twitter.com/Jxn5Puv4FR
— JacobðŸ³ï¸ðŸŒˆðŸ³ï¸âš§ï¸ (@Casual_Jacob_) September 10, 2016
The class-action case accuses Hershey of engaging in practices that are “immoral, unethical, unscrupulous,” and harmful to customers. It seeks not only compensatory damages but also a correction of the allegedly misleading behavior and coverage of attorneys’ fees, among other demands.
As of now, Hershey has not publicly responded to the allegations presented in the ongoing lawsuit.
[via The Takeout, NBC New York, USA Today, images via various sources]
