Hershey is sued over lack of creative element on Reese’s candies

By Jonathan Stempel

(Reuters) – Hershey has been sued by a Florida girl who stated its holiday-themed Reese’s peanut butter candies lack the creative particulars proven on the packaging that make them value shopping for.

In a proposed federal class motion filed on Thursday and in search of at the least $5 million, Cynthia Kelly accused Hershey of deceiving affordable customers by falsely promising that its candies would include “specific carved out creative designs.”

She stated she wouldn’t have paid $4.49 in October at an Aldi for a bag of Reese’s Peanut Butter Pumpkins, had she identified that the candies not solely lacked the “cute trying” carved eyes and mouth proven on the packaging, however any carvings in any respect.

The criticism stated Hershey’s labels “are materially deceptive and quite a few customers have been tricked and misled by the photographs on the merchandise’ packaging.”

It cited a number of movies on Google’s YouTube, and included illustrations akin to a Reese’s Peanut Butter footBall formed like a soccer, however lacking the laces proven on the packaging.

Hershey didn’t instantly reply on Friday to requests for remark. Kelly’s lawyer didn’t instantly reply to the same request.

The plaintiff filed her lawsuit within the federal court docket in Tampa, Florida.

She is in search of damages for Florida purchasers of Reese’s Peanut Butter Pumpkins, White Pumpkins, Items Pumpkins, Peanut Butter Ghost, White Ghost, Peanut Butter Bats, Peanut Butter footBalls and Peanut Butter Shapes Assortment Snowmen Stockings Bells for violations of that state’s shopper safety legal guidelines.

Kelly’s lawyer has additionally filed lawsuits accusing Burger King and Taco Bell of promoting meals that when served appears to be like much less attractive than marketed.

The case is Kelly v Hershey Co, U.S. District Courtroom, Center District of Florida, No. 23-02977. (This story has been refiled to repair a typo in paragraph 9)

(Reporting by Jonathan Stempel in New York; enhancing by Grant McCool)