Hershey Sued Over Misleading Packaging on Reese’s Festive Candies

Hershey has been put in the spotlight, and not for a good reason. A resident in Florida, Cynthia Kelly, has sued the large corporation, alleging that its overall marketing tactics and festive packaging during Halloween on Reese’s candy was creatively misleading.

According to Reuters, Kelly filed the case last Thursday and is seeking $5 million in damages due to Hershey misguiding reasonable customers by falsely making promises that its chocolates would contain “explicit carved out artistic designs.”

Kelly is seeking this amount in damages for Florida customers who purchased any of the Reese’s Peanut Butter Pumpkins, Pieces Pumpkins, Peanut Butter Ghost, White Pumpkins, White Ghosts, and more in this festive range for violations of Florida’s consumer protection laws, according to TechStory.

Kelly said she would not have purchased the bag of Reese’s Peanut Butter Pumpkins for $4.49 back in October at an Aldi store if she had known that the candies did not have any carvings, including “cute looking” carved eyes and a mouth, which were shown on the packaging. She claimed the differences confused her into thinking the candies would give a more pleasing and “fun-to-eat” experience, which led her to overpay for the product.

Her complaint specifically states that Hershey’s labels “are materially misleading and numerous consumers have been tricked and misled by the pictures on the products’ packaging.”

This isn’t the first time Hershey has been called out for misleading marketing. For instance, the complaint included illustrations of Reese’s Peanut Butter Footballs, which are shaped like a football but missing the laces shown on the packaging.

Hershey has not yet given an official response to the lawsuit, however, legal experts predict that the success of Kelly’s case will rely on her ability to prove that the packaging represents “material misrepresentation,” which is a critical element in fraudulent marketing claims.

During the case, she will be required to show that the packaging’s creative components played a key role in her decision to purchase the chocolates and that the whole value proposition has been negatively impacted by the lack of what was presented.

Kelly’s lawyer has also filed cases alleging Taco Bell and Burger King of selling food that, when served, looks less enticing than in the advertising material, as reported by Reuters.

According to TechStory, this claim with Hershey sheds light on a broader conversation around today’s marketing atmosphere, emphasizing the disconnection between reality and what consumers expect. The case highlights concerns related to transparency and trust in brands.