


A woman in Florida filed a class-action lawsuit against Hershey over its holiday packaging of Reese's peanut butter cups.
Cynthia Kelly alleges in the filing that Hershey engaged in "false and deceptive advertising" when it put out its holiday versions of Reese's because some are shown on the package with more artistic designs cut out of the chocolate. For example, on the pumpkin cups, a jack-o'-lantern face is displayed on the package. Faces are also cut out of the peanut butter ghost, white ghost, and bats. However, the candy itself is plain and does not have any designs cut out of the chocolate.
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Reese's has another set of packaging that shows more realistic versions of the candy without any intricate designs. The existence of both packages suggested to Kelly that one was more deceptive than the other. These packages with designs were added within the last two to three years, according to Kelly.
"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 alleges.
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Kelly cites many YouTube reviews of the candies which also complain of the plainness of the chocolate. Anyone who purchased the candy in the state of Florida is welcome to join Kelly's class action. She is seeking compensatory damages and that the company stop producing the deceptive packaging.
This lawsuit falls under Florida's Deceptive and Unfair Trade Practices Act: "deceptive acts or practices in the conduct of any trade or commerce."