A lady from Florida is suing The Hershey Company, saying the company “tricked” customers by using “misleading” packaging on Reese’s seasonal-shaped candies.
Cynthia Kelly of Tampa is suing Nestle for $5 million, claiming that the packaging and the actual contents do not match.
According to the case, which was filed in Florida’s Middle District Court, the pumpkin-shaped chocolate does not have the eyes and nose cutouts that the package claims, and the football shape is similar to an egg.
“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 lawsuit, viewed by The Post, said.
“This is a class action against Hershey for falsely representing several Reese’s Peanut Butter products as containing explicitly carved-out artistic designs when there are no such carvings in the actual products,” the suit said.
Kelly filed the unusual complaint after she paid $4.49 for pumpkin-shaped candies at Aldi, assuming they “contained a cute looking carving of a pumpkin’s mouth and eyes as pictured on the product packaging.”
She claimed she would have returned the chocolates if she had realized the carved face was not on the snack-sized Reese’s.
“Reese’s Peanut Butter Pumpkins product that Plaintiff purchased did not contain any of the artistic carvings of the mouth or eyes as pictured on the label,” the lawsuit read.
The lawsuit includes not only pumpkin forms, but also ghosts, bats, footballs, snowmen, and bell-shaped sweets, several of which were photographed.
She also claimed that Reese’s packaging wasn’t always “deceptive,” and that “two to three years ago,” the items matched their packaging and didn’t include faces.
Kelly also highlighted a number of YouTube videos in which creators claimed Reese’s “lied” and “failed” to deliver.
