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Florida woman sues Hershey for 'tricking' customers when chocolate didn't match 'cute' packaging: lawsuit

By Dani Medina
Published  January 2, 2024 11:51am EST
Florida
FOX 35 Orlando

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HILLSBOROUGH COUNTY, Fla. - What seemed like a craving for Halloween treats at a Florida grocery store escalated into a class action lawsuit against The Hershey Company over allegations of "misleading" and "deceptive" advertising after one Hillsborough County woman said the chocolate she purchased didn't live up to the "cute" image on the front of the packaging. 

Cynthia Kelly filed suit against The Hershey Company, the parent company of Reese's, in the U.S. District Court for the Middle District of Florida on Dec. 28, 2023, according to documents obtained by FOX 35. The class action suit, which has over 100 members, involves a matter that "exceeds the sum or value of $5,000,000," the lawsuit said. 

Kelly, who is being represented by Anthony J. Russo of Delray Beach's The Russo Firm, is accusing Reese's and Hershey of participating in a "common scheme" that involves "untrue," "misleading" and "deceptive" advertising, according to the lawsuit. She alleges the packaging was designed to encourage customers to buy the products and reasonably mislead them in the process. 

In October, Kelly visited an Aldi in Hillsborough County and grabbed Reese's Peanut Butter Pumpkins from the shelf near the registers, the lawsuit said. 

Florida, Orlando, Winter Park, Rocket Fizz Soda Pop & Candy Shop, candy specialty store, retro, 60s nostalgia, old-fashioned trend, interior, Reeses, peanut butter chocolate candy bars, shopping, display sale,

"(She) believed that the product contained a cute looking carving of a pumpkin's mouth and eyes as pictured on the product packaging," the lawsuit continued, adding that she spent about $4.49 on it. 

When she opened the packaging, however, Kelly said what she bought did not have any of the artistic carvings as seen on the packaging, like the eyes or mouth. 

"(Kelly) would not have purchased the Reese's Peanut Butter Pumpkins product if she knew that it did not have the detailed carvings of the mouth and/or eyes as pictured on the product label," the lawsuit said. 

The lawsuit contains photos of Reese's product packaging and the piece of chocolate that's inside, which show that they do not match the product packaging. That includes the following Hershey products:

  • Reese's Peanut Butter Pumpkins
  • Reese's White Pumpkins
  • Reese's Pieces Pumpkins
  • Reese's Peanut Butter Ghost
  • Reese's White Ghost
  • Reese's Peanut Butter Bats
  • Reese's Peanut Butter Footballs
  • Reese's Peanut Butter Shapes Assortment: Snowman, Stockings, Bells
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U.S. District Court for the Middle District of Florida - Case No.: 8:23-cv-02977

"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 said. 

The lawsuit also details YouTube videos from other consumers who claim that Reese's "lied" to them. 

MORE LAWSUITS:

Reese's did not always market its products with eyes and mouth carvings, however, according to the lawsuit. 

"In order to boost sales and revenues of the Products, Hershey's changed the packaging for the Products to include the detailed carvings within the last two to three years," the lawsuit said. The document shows photos of Reese's previous packaging, which omits the carvings of the eyes and mouth. 

U.S. District Court for the Middle District of Florida - Case No.: 8:23-cv-02977

The lawsuit cites the Florida Deceptive and Unfair Trade Practices Act (FDUTPA), which prohibits "unfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce…" 

Kelly, and the subsequent class, allege that Hershey's deceptive practices "are immoral, unethical, unscrupulous and substantially injurious to customers," the lawsuit said. 

The class is not only seeking a jury by trial, but also wants Hershey to be financially responsible for notifying all members of the class of their alleged misrepresentations, pay compensatory damages, correct the deceptive behavior and award attorneys' fees, expenses and recoverable costs. 

FOX 35 reached out to The Hershey Company for comment. A spokesperson said they don't comment on pending litigation.