One of America’s most beloved chocolate brands is being sued for $5 million after customers in the state of Florida claimed they were misled by the brand last Halloween.
In October, customers such as Cynthia Kelly, who resides in Tampa, Florida, were enticed to buy Hershey’s Reese’s peanut butter pumpkins due to the unique advertising that portrayed the snacks with carved faces. Yet, upon opening the packet, customers realized the chocolate was faceless.
Now, Hersey’s has had a class action lawsuit filed against them. Kelly argues the packaging of the Reeces pumpkins was “deceptive” as it clearly portrays the treats with faces similar to carved pumpkins.
The lawsuit was filed in Florida’s Middle District court last Thursday. Kelly, one of the many customers who purchased a bag of Reece’s treats for $4.49 during the Halloween period, said she would not have bought them if she had known beforehand the chocolates did not have carved faces.
“Hershey’s labels for the products are materially misleading, and numerous consumers have been tricked and misled by the pictures on the Products’ packaging,” the complaint reads.
The lawsuit also provided several pictures to be used as evidence in court. These include pictures of Reese’s pumpkin treats, including the white pumpkin, white ghost, and butter ghost varieties, none of which have a carved face.
Customers who purchased the treat began posting their opinions online, with many sharing short clips about the false advertising. In one video, a man is heard saying, “Reese’s, what are you doing? Look at the picture on the packet. It’s like a pumpkin with faces and a little mouth – then you open up the packet, and you are presented with that monstrosity.”
Another customer, known to his online audience as Shippoprecordsings, went as far as to make a full YouTube video. The video is titled “Reese’s Halloween Candy LIED to Me.”
According to the lawsuit against the American chocolate company, Hersey’s breached the Florida Deceptive and Unfair Trade Practices Act. Ultimately, Reese’s will be forced to ensure the contents of the packaging reflect what’s advertised on the exterior.
However, if the class-action status is granted to the case by a Flordia Judge, it means everyone who purchased the treat in the Sunshine State will be issued a refund for the product. This could force Hersey’s to pay over $5 million s to customers in the state.
Herseys has been at the center of several other major lawsuits in recent years. The most noticeable occurred just over a year ago when the chocolate manufacturer was at the center of a scandal surrounding heavy metals in their treats.
The company was hit with a lawsuit as it failed to disclose the level of potentially harmful metals, including cadmium and lead, in three of its products.
