Woman sues Hershey, saying Reese’s pumpkins should have hollowed out faces

• A woman sued Hershey’s because Reese’s peanut butter pumpkins didn’t have little faces.
• The lawsuit quotes a reviewer who called the product “chocolate chunks.”
• A representative for Hershey told BI that the company does not comment on pending litigation.

A Florida woman is suing Hershey, saying Reese’s Peanut Butter Pumpkins and other holiday products aren’t as cute as the packaging makes them seem.

Cynthia Kelly filed the class action lawsuit in Florida’s Middle District Court on Friday, according to court records. The lawsuit requests a jury trial.

The complaint alleges that “some” Reese’s Peanut Butter product packaging contains certain engraved artistic designs that are not present inside the actual product. As examples, the document cites Reese’s Peanut Butter Pumpkins and Reese’s White Chocolate Ghosts, which are typically sold in October around Halloween.

“The Reese’s Pieces pumpkins are depicted on the product label as having eyes and mouths carved into them as shown below,” the complaint states. “However, actual Reese’s Peanut Butter Pumpkin products do not include eye and mouth sculptures.”

When asked for comment Sunday, a representative for Hershey told BI that the company does not comment on pending litigation.

The lawsuit also calls out Reese’s Peanut Butter Footballs, which have strings engraved on the packaging, but which “look like eggs” when viewed in person.

The complaint alleges that the product’s labeling is “grossly misleading” and that “many consumers are being deceived and misled” by the packaging.

The complaint includes links to several YouTube videos showing people opening Reese’s products and being disappointed with what was inside compared to the photos.

“Reese, what are you doing? Look at the picture on the package. It looks like a pumpkin with a face and a little mouth. And when you open the package, the monster appears,” the lawsuit says. , the words of a YouTube reviewer are quoted.

The complaint also quotes another reviewer who said he was “a little disappointed” that the pumpkin didn’t have a face carved into it, but was instead a “block of chocolate.”

Over the past three years, Hershey changed the packaging of its leased products to “increase sales and profits,” according to the complaint.

Consumers are suing brands for false advertising

Hershey’s isn’t the only company facing a class action lawsuit over misleading advertising this year.

In March, a man sued Buffalo Wild Wings, claiming the restaurant’s “boneless wings” were “similar” to chicken nuggets.

Former federal prosecutor Neema Rahmani previously told BI that the case against Buffalo Wild Wings was weak because the damages would have to be “substantial” to warrant a class action lawsuit.

“I only eat the white meat of chicken breasts,” Rahmani says. “Was there really any damage?”

Mr. Kelly argues in his lawsuit against Mr. Hershey that the “controversial issues” fall within class action jurisdiction because they amount to more than $5 million and affect more than 100 people. .