Woman Sues Hershey for $5M Over 'Misleading' Packaging

Florida's Cynthia Kelly says holiday-themed Reese's candy lacked carved designs as shown on wrappers
By Jenn Gidman,  Newser Staff
Posted Jan 1, 2024 9:30 AM CST
Updated Jan 6, 2024 6:00 AM CST
Woman Sues Hershey for $5M Over 'Misleading' Packaging
A package of holiday-themed Reese's Peanut Butter Cups that doesn't appear to show any "artistic designs" on its wrapper.   (Photo: Business Wire)

Cynthia Kelly says she was shopping in an Aldi in October when she picked up a bag of Halloween-themed Reese's peanut butter candy for $4.49, drawn in by the "cute looking" carvings shown on the candy's outer wrapper. That's per the Florida woman's new federal lawsuit against parent company Hershey, who Kelly claims uses "misleading" packaging for its popular brand of holiday-geared confections, reports Reuters. The $5 million class-action complaint filed Thursday in Tampa alleges that Hershey's labels are "materially misleading," and that "numerous consumers have been tricked and misled by the pictures on the products' packaging."

Specifically, per Kelly's suit, the candy Hershey promoted on its wrappers lacked the "explicit carved out artistic designs" that Kelly thought she was getting with her purchase. In the case of the Halloween candy she says she bought, Kelly says she expected the pumpkin-shaped candy to have a carved mouth and eyes, as depicted on the package (she notes in her suit that there were no carvings on the candy itself). Kelly claims the same for Reese's peanut-butter footballs and bats, and also its white chocolate ghosts, per CBS News.

In the case of the football candies, Kelly says they were indeed shaped like footballs, but lacked the "laces" as shown on the packaging. "Looks like eggs!!" reads the caption of a photo about the football candy attached to the complaint. Kelly's attorney also included links to YouTube videos showing others disgruntled over the supposedly false advertising, per WFTV. Kelly maintains that thousands of people have suffered harm due to the alleged deceptive packaging. Reuters notes that, per Kelly's lawyer, she has also sued Burger King and Taco Bell over food that didn't look like its advertised versions. (More Hershey stories.)

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