Lawsuit Alleges Hershey Company Misled Customers with Deceptive Reese's Peanut Butter Cup Designs
ICARO Media Group
In a recent federal lawsuit filed in Florida, four consumers have accused The Hershey Company of misleading customers with deceptive packaging designs on its Reese's Peanut Butter cups. Nathan Vidal, Debra Kennick, Abdjul Martin, and Eduardo Granados claim that the chocolate manufacturer used "explicit carved out artistic designs" on the wrappers, creating a false impression of the actual products.
According to the 20-page lawsuit obtained by NPR, the plaintiffs argue that Hershey's deceptive advertising led many consumers to purchase the products based on the visually appealing designs displayed on the packaging. However, once unwrapped, the candies are revealed to be plain and lacking any intricate carvings as shown on the wrappers.
The lawsuit specifically mentions several Reese's Peanut Butter products, including Reese's Medal, Reese's Peanut Butter Pumpkin, Reese's White Ghost, Reese's Peanut Butter Bats, and Reese's Peanut Butter FootBalls. The consumers allege that Hershey changed the packaging within the last two to three years to include these detailed carvings, with the intention of boosting sales and revenue.
The plaintiffs are seeking an unspecified amount in compensatory damages based on proof presented during the trial. So far, The Hershey Company has not responded to multiple requests for comment from NPR regarding the lawsuit.
Anthony Russo, the attorney representing the consumers, revealed that his firm receives numerous calls each month about misleading advertising cases. However, they reject around 98-99% of these cases due to the lack of strong evidence. Russo did not specify why they chose to pursue this particular case against Hershey, but he did mention that his firm is also representing another set of plaintiffs in a class-action lawsuit against Burger King, alleging misleading advertising.
This is not the first time The Hershey Company has been involved in lawsuits related to false representation in its products. In January, Cynthia Kelly filed a lawsuit after claiming that the Reese's Peanut Butter Pumpkins she purchased did not match the jack-o'-lantern image on the wrapper. Kelly's lawsuit suggested that the issue extended to other Reese's seasonal candies, such as ghosts and bats, and pointed to complaints from other customers on YouTube. She is seeking at least $5 million in damages, though it remains uncertain whether her case will proceed to trial.
With these recent lawsuits highlighting concerns over deceptive packaging and false representation by major food companies, it remains to be seen how The Hershey Company will address these allegations and potentially protect its reputation in the marketplace.