Images of Reese’s Peanut Butter Pumpkins and Peanut Butter Ghost shown next to the corresponding candy. (images via court documents).
A Florida woman is waging a $5 million class action lawsuit against The Hershey Company for “tricking” customers with promises of seasonally-carved peanut butter cups — a problem she said is evident because YouTube reviewers posted videos of their disappointment.
Plaintiff Cynthia Kelly filed a lawsuit Thursday on behalf of consumers against the chocolate giant over a change in packaging for some of its themed candy. Kelly said that the packaging, which showed the candy with facial and other features carved into the chocolate, was fraudulent and misleading.
Reese’s Peanut Butter Pumpkins, for example, said Kelly, have no carvings for the eyes and mouth, despite packing indicating as much. Likewise, Kelly said the Reese’s White Ghosts are missing facial features.
Images of Reese’s Peanut Butter Pumpkins and Peanut Butter Ghosts are shown next to their corresponding packaging. (images via court documents).
Also problematic were Peanut Butter Bats, which lacked eyes as shown on the package, and Peanut Butter Footballs, which lacked the promised laces and instead looked “like eggs.”
To underscore the level of dissatisfaction allegedly experienced by many consumers, Kelly’s complaint lists multiple examples of YouTube videos in which reviewers complained about missing features on the candy. One reviewer said they were “flabbergasted” by the “monstrosity” of what was promised to be a Peanut Butter Pumpkin.
Another consumer reacted with, “awe man, I thought it would have a face on it, its [sic] just a chocolate blob. That’s a little disappointing.”
Kelly also explained in the complaint that the Reese’s packaging had not always been deceptive. She included photos of older packaging that showed Peanut Butter Pumpkins, Peanut Butter Bats, and a Peanut Butter Ghost in corresponding shapes, but noticeably without other details.
Former packaging for Reese’s Peanut Butter Pumpkins, Peanut Butter Bats, and Peanut Butter Ghost is shown (images via court documents).
Kelly said she “would not have purchased the Reese’s Peanut Butter Pumpkins product if she knew that it did not have the detailed carvings of the mouth and/or eyes as pictured on the product label.”
In her 21-page complaint, Kelly alleges violations of the Florida Deceptive and Unfair Trade Practices Act and asks the court to certify the case as a class action. The case was originally assigned to Senior U.S. District Judge Charlene Edwards Honeywell, a Barack Obama appointee, but has now been assigned to a federal magistrate until the case progresses to the next phase.
The case against Hershey mirrors other similar product-mislabeling lawsuits, cases against Texas Pete Hot Sauce, claiming the product is actually produced in North Carolina; King’s Hawaiian, claiming its bread products are actually produced in California; Barilla pasta, claiming that it is actually produced in the U.S. and is not “Italy’s No. 1 brand of pasta” as advertised; and TGI Fridays, claiming that its mozzarella stick snacks contained no actual mozzarella.
Kelly’s filing also comes exactly a year after a Long Island man initiated another $5 million class action lawsuit against Hershey. In the 2022 case, Christopher Lazazzaro claimed that Hershey’s Special Dark Mildly Sweet Chocolate, Lily’s Extra Dark Chocolate 70% Cocoa, and Lily’s Extreme Dark Chocolate 85% Cocoa all contain harmful levels of lead and cadmium that are not disclosed on the products’ packaging. Lazazzaro’s case was voluntarily dismissed without prejudice and without fees or costs being assessed in February 2023.
You can read Kelly’s full complaint here
Have a tip we should know? [email protected]
