Reese’s Peanut Butter Cups Sued for Deceptive Packaging
Weird lawsuits are always a lot of fun, at least to read about; for a recent example, consider the federal lawsuit filed in Florida, in which four customers accused The Hershey Company of deceptive packaging practices. Said deception concerned several Reese’s Peanut Butter Cup products, which the plaintiffs—Nathan Vidal, Debra Kennick, Abdjul Martin, and Eduardo Granados—allege displayed misleading designs on the wrappers. In the plaintiff’s eyes, the packages featured “explicit carved out artistic designs” that, upon opening the chocolate, were absent from the actual candies therein.
The Allegations
The lawsuit is, despite all appearances, no joke; it spans 20 pages, claiming that the misleading packaging motivated consumers to acquire products under false pretenses. These deceptive chocolates lacked all the intricate designs implied by the wrappers, the plaintiffs claimed, and, once unwrapped, provided only disappointment.
The suit described how Reese’s allegedly duped eager customers into paying for candy due to the “cool and beautiful” patterns evidenced by the treacherous wrappers. Had the product accurately displayed its own boring, design-less interior, the lawsuit argues, the fooled consumers would have never made the grave mistake of purchasing the chocolate.
The Products
What specific productions were accused of such dastardly deception? Reese’s Medal, Peanut Butter Pumpkin, White Ghost, Peanut Butter Bats, and Peanut Butter FootBalls. The plaintiffs claim that the misleading packaging practices were implemented over the last two or three years and, while not always present in every produced package, nonetheless endeavored to unethically spike revenue.
The Lawyers
Anthony Russo, the attorney representing the plaintiffs mentioned how, other than Reese’s controversy, his firm fields numerous calls every month, complaining about misleading advertising instances.
Perhaps to imply the validity of his plaintiff’s claims, Russo stated his firm typically refuses almost one hundred percent of these cases due to insufficient evidence. While the lawyer did not explicitly say why his firm selected this case, he did mention his firm is embroiled in a class action suit against Burger King.
What did the fast-food chain allegedly do? It apparently misrepresented the size of its food items in advertisements.
Other Legal Challenges
That said, this would not be the first time The Hershey Company and Reese’s have weathered legal challenges over their product representations.
In another instance of what sounds like the premise of an episode of some situation comedy, a Florida woman, Cynthia Kelly, filed a lawsuit against the chocolate brand in January. Kelly claimed the Peanut Butter Pumpkins she purchased failed to match the jack-o’-lantern design depicted on its packaging.
Not stopping there, Kelly’s lawsuit also emphasized similar issues plaguing the brand’s seasonal ghosts, bats, and pumpkins and referenced a slew of YouTube videos in which other customers vent comparable complaints.
The Amount
Unsurprisingly, in both cases, the plaintiffs seek compensatory damages for the purported deception; Russo’s plaintiffs are after an unspecified amount, while Kelly is seeking at least $5 million in damages.
Source: NPR
