In a surprising legal move, Tampa resident Cynthia Kelly is suing The Hershey Company for $5 million, alleging deceptive practices in the packaging of Reese’s seasonal chocolates. Kelly’s lawsuit, filed in the Middle District Court of Florida, accuses the chocolate manufacturer of misleading consumers with its packaging, which she claims does not accurately represent the product inside.
The crux of the lawsuit revolves around the disparity between the packaging imagery and the actual chocolate shapes. Kelly contends that the packaging of the pumpkin-shaped Reese’s chocolate suggests artistic facial cutouts, but the actual product lacks these details. Similarly, she argues that the football-shaped chocolates resemble eggs more than footballs. This discrepancy, according to Kelly, amounts to false advertising.
Kelly’s decision to sue was spurred by her purchase of pumpkin-shaped Reese’s chocolates at an Aldi store, priced at $4.49. She asserts that her expectation of receiving chocolates with the detailed carvings, as depicted on the packaging, was not met. The lawsuit specifically mentions that the Reese’s Peanut Butter Pumpkins she bought did not feature the artistic carvings of a mouth or eyes as illustrated on the label.
This legal action isn’t limited to just the pumpkin-shaped chocolates. The lawsuit also encompasses other seasonal shapes such as ghosts, bats, footballs, snowmen, and bells. Kelly alleges that these products similarly fail to match their depicted packaging.
Interestingly, Kelly notes that this alleged deceptive practice by Reese’s is a recent development. She claims that until two to three years ago, the product shapes accurately reflected the packaging designs. Additionally, she references several YouTube videos where content creators express dissatisfaction with Reese’s, accusing the company of misleading consumers.
The lawsuit thus represents a broader accusation against The Hershey Company’s marketing practices, questioning the integrity of the packaging of these popular seasonal treats.