The terms of packaging disclaimers, though the actual physical candy was not altered.
Florida residents filed class-action lawsuits against The Hershey Company over holiday-themed Reese’s treats (such as Reese’s Peanut Butter Pumpkins, Ghosts, and Footballs). The lawsuits alleged false and deceptive advertising, arguing that product packaging depicted detailed, carved-out designs (like Jack-o’-lantern faces) that were not actually carved into the actual chocolate and peanut butter candies inside.
Here is how the situation unfolded and what changes resulted:
Key Takeaways
- Packaging Disclaimer Change: Following legal pressure and initial filings, Hershey updated the labeling on seasonal products—such as Reese’s Pumpkins—adding explicit disclaimers on the packaging (replacing or expanding earlier text like “Decorating Suggestion”).
- No Change to the Physical Candy: The recipe and physical molding of the candy remained the same. The lawsuits specifically targeted the discrepancy between the packaging illustrations and the actual smooth-molded candy.
- Court Case Dismissed: U.S. District Judge Melissa Damian in Miami dismissed the lawsuit, ruling that the plaintiffs lacked legal standing because subjective disappointment over missing decorative carvings did not constitute a concrete economic injury or make the candy defective.
While Hershey successfully defeated the lawsuit in federal court, the legal challenges brought by Florida consumers directly prompted Hershey to revise its product packaging and disclaimers to prevent consumer confusion moving forward.