The lawsuit was filed on behalf of a Florida girl, who filed the $5 million grievance after discovering that her Halloween-themed Reese’s sweet didn’t truly include the “creative” carvings displayed on its packaging.
A Florida girl has filed a $5 million lawsuit in opposition to the Hershey Firm, claiming that it deceived prospects by promoting holiday-themed Reese’s candies that didn’t have the identical designs proven on their packages.
In line with The Miami Herald, the grievance was filed on behalf of plaintiff Cynthia Kelly, who says that she purchased a bag of Reese’s Peanut Butter Pumpkins for about $4.49 in October of 2023. Kelly’s resolution was based mostly, partly, on packaging that confirmed “a cute wanting carving of a pumpkin’s mouth and eyes as pictured on the product packaging.”
Nonetheless, upon opening her chocolate, Kelly didn’t discover any “creative carvings” on the chocolate. If she had identified that the goodies didn’t have such carvings, Kelly says, she would by no means have bought the product.
“[Kelly] wouldn’t have bought the Reese’s Peanut Butter Pumpkins if she knew that it didn’t have the detailed carvings of the mouth and/or eyes as pictured on the product label,” the lawsuit states.
The grievance additionally gives hyperlinks to YouTube movies, the place content material creators criticized Hershey for its allegedly misleading packaging.
Considerably comically, the lawsuit quotes a number of YouTubers’ response to discovering that their $4.49 Reese’s goodies weren’t, the truth is, adorned with “creative” pumpkins, ghosts, or ghouls.
“Reese’s, what are you doing?” stated a YouTube content material creator quoted within the grievance. “Have a look at the image on the packet. It’s like a pumpkin with faces and slightly mouth—then you definately open up the packet and you might be offered with that monstrosity.”
“We obtained lied to,” one other YouTuber stated, apparently disillusioned that the Reese’s “White Ghost Peanut Butter” bar bore solely a crude resemblance to its phantasmal packaging.
Now, Kelly and her attorneys are accusing the Hershey Firm of “false and misleading promoting.” Her lawsuit, filed earlier this week in U.S. District Court docket for the Center District of Florida, seeks damages for Kelly and different customers who have been equally “tricked and misled.”
“Hershey’s labels for the Merchandise are materially deceptive and quite a few customers have been tricked and misled by the images on the Merchandise’ packaging,” the lawsuit alleges.
The grievance notes that Reese’s solely not too long ago launched detailed designs to its packaging.
“The packaging for the Reese’s Merchandise weren’t all the time misleading and deceptive,” the lawsuit says. “With a purpose to increase gross sales and revenues of the Merchandise, Hershey’s modified the packaging for the Merchandise to incorporate detailed carvings inside the final two to a few years.”
An lawyer for Kelly additionally tried to pre-empt allegations that the lawsuit might have been filed in unhealthy religion by saying that he wouldn’t have taken the case if it lacked advantage.
“We really feel assured once we file these circumstances that they’ve deserves,” stated lawyer Anthony J. Russo, who has filed related false promoting claims in opposition to Wendy’s, McDonald’s, and Burger King. “In any other case, we wouldn’t transfer ahead with them.”
Sources
Florida Girl Recordsdata Lawsuit Towards Hershey Firm for $5 Billion, Alleges False Promoting
Hershey ‘lied’ about its Reese’s holiday-themed sweet, lawsuit says. ‘Monstrosity’
‘Monstrosity:’ Florida girl recordsdata $5M lawsuit over seasonal Reese’s candies
