Reese’s Candy Facing Lawsuit For Millions

The lawsuit, filed on behalf of Cynthia Kelly of Tampa, alleges that Hershey misrepresented the appearance of several Reese’s seasonal chocolate treats on their packaging, leading to a false portrayal of the contents inside.

Filed last Thursday, the complaint contends that the representations of Reese’s products in advertisements are “materially inaccurate,” constituting a form of marketing that is “deceptive, false, and misleading.”

The legal action provides specific instances where the actual contents of the products significantly deviate from their depictions on the packaging.

Notably, the lawsuit singles out Reese’s peanut butter pumpkins, ghosts, and bats, highlighting the absence of facial features depicted through artistic carvings on the packaging.

It also mentions an instance where a Reese’s peanut butter football resembles a chocolate egg (another popular Reese’s shape) without the advertised laces.

According to the complaint, the packaging was not always deceptive, citing older images depicting featureless Reese’s products.

The alleged change in marketing strategy, aimed at boosting sales by misleading customers into believing they were purchasing more detailed products, is claimed to have occurred within the last two or three years.

The lawsuit emphasizes that consumers reasonably expect Hershey to market and label products honestly, without deceptive practices. It accuses the company of leading customers to believe that Reese’s products possess features that they actually lack.

Cynthia Kelly, the woman initiating the complaint, claims to have purchased a $4.49 pack of peanut butter pumpkins at the end of October, expecting the cute carvings depicted on the packaging.

The lawsuit asserts that had she known about the absence of carvings, she would not have made the purchase.

Citing online reviews describing the packaging as “deceptive,” a “trick,” and “misleading,” the lawsuit takes on a class-action dimension. It showcases that many of Reese’s consumers have felt “lied to” and “disappointed” by the substantial disparities between the packaging and the actual products.

The legal action alleges a violation of Florida‘s Deceptive and Unfair Trade Practices Act, seeking compensatory damages exceeding $5 million and requesting a jury trial. But Reese’s isn’t the only product facing such legal challenges.

Recently, the supermarket chain Aldi was subject to a class-action lawsuit in California over claims about the “natural flavoring” of its fruit and grain bars in May of this year.

The same court rejected a separate case filed against Kraft Heinz regarding the labeling of its Mango Peach MiO concentrated enhancer.

While Hershey has not responded publicly to the lawsuit, legal experts anticipate a rigorous defense. If the case proceeds to trial, it could prompt a reevaluation of marketing practices in the food industry and beyond.

While suing over the details etched in a piece of Reese’s chocolate seems a little silly, it’s checks and balances like these that keep companies from creating a habit out of manipulative marketing practices.

Source: Newsweek