A Florida woman is suing The Hershey Company over what she claims is “misleading” packaging for its seasonal candies that “tricked” people into buying the delectable goodies by portraying a false image on the outside of the wrapper.
In a class action lawsuit filed in Florida’s Middle District Court on Thursday, Cynthia Kelly of Tampa is seeking $5 million from the chocolate manufacturer after she bought a bag of Reese’s peanut butter Halloween treats and soon discovered that the pumpkin-shaped nuggets didn’t look like the smiling jack o’lantern that was depicted on the package.
“Hershey’s labels for the Products are materially misleading and numerous consumers have been tricked and misled by the pictures on the Products’ packaging,” the lawsuit states, according to the New York Post. “This is a class action against Hershey for falsely representing several Reese’s Peanut Butter products as containing explicitly carved-out artistic designs when there are no such carvings in the actual products.”
(Video: YouTube/ 10 Tampa Bay)
The plaintiff states that she shelled out $4.49 for the bag at an Aldi supermarket with the belief that it “contained a cute looking carving of a pumpkin’s mouth and eyes as pictured on the product packaging,” and that had she known that the actual candy did not resemble the chocolate pumpkin on the outside that she would not have bought it.
“Reese’s Peanut Butter Pumpkins product that Plaintiff purchased did not contain any of the artistic carvings of the mouth or eyes as pictured on the label,” according to the lawsuit.
The lawsuit also claimed that the packaging had not previously been “deceptive” and that “two to three years” ago the “products matched its packaging and did not display faces,” the New York Post reported.
Other products named in the suit included the company’s peanut butter ghosts, peanut butter bats, peanut butter footballs, white pumpkins and ghosts and Christmas assortments of bells, snowmen and stockings.
The lawsuit also features links to several social media videos of people also claiming to have been tricked by the packaging, including one posted to YouTube titled “Reese’s Halloween candy LIED to me.”
Another video reportedly shows a man who asks, “Reese’s what are you doing?”
“Look at the picture on the packet. It’s like a pumpkin with faces and a little mouth – then you open up the packet and you are presented with that monstrosity,” the individual says, according to the Daily Mail.
The bizarre lawsuit got the attention of X users who added their two cents with many seeming to have a negative opinion of the plaintiff.
She’s suing because it doesn’t have the cut Jack-o’-lantern eyes and mouth.
She forgot to mention it depicts the chocolate with a bite taken out of it. I suppose she didn’t mind that.
This lawsuit will get tossed and she will leave the courthouse humiliated.
— NewYorkMuscle212 (@SuperSetsNYC) December 30, 2023
They should have responded with…trick or treat, Karen!
— Jenna Fredo (@LynkLuv) December 30, 2023
We know she is fat
— Alex (@0xAl3xC) December 30, 2023
Definitely a Democrat
— ‡ƬÖrlØkŦ‡ (@Torlokt_of_Tyr) December 30, 2023
Frivolous. She should pay their lawyers fees.
— Michael Freeman (@TheAntiGrifter) December 30, 2023
“The complaint claims the case shows Hershey’s breached Florida’s Deceptive and Unfair Trade Practices Act,” the Daily Mail reported. “If a judge grants the class-action status to the suit it would mean ‘all consumers within the State of Florida’ who purchased the product could be in line for a payout.”
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