Chocolate maker Hershey is being sued for compensation in excess of $5 million over allegations of "falsely representing" the appearance of some of its Reese's products on recent packaging, a court document shows.
In a class-action lawsuit filed Thursday in a U.S. District Court in Florida, a lawyer acting on behalf of Cynthia Kelly of Tampa argued that depictions of several seasonal chocolate treats on their packets do not match the contents inside.
The complaint alleges that the images used to advertise the products are "materially inaccurate" and that the treats have been marketed in a "deceptive, false and misleading manner."
A spokesperson for Hershey declined to comment on the pending litigation when approached by Newsweek.
The lawsuit lists several examples in which the products allegedly appear differently on their packaging compared with what is inside, including Reece's peanut butter pumpkins, ghosts and bats. In each case, pictures show "artistic carvings" that give the products facial features on the packaging that are not present on the item.
An instance of a Reese's peanut butter football appearing like a chocolate egg—without laces carved into it as advertised—is also presented.
The complaint goes on to say that the products' packaging was "not always deceptive and misleading," presenting images of packets where the featureless products were displayed. It alleged that the change was made "in order to boost sales and revenue" and occurred "within the last two or three years."
"Reasonable consumers rely on [Hershey] to honestly market and label the products in a way that does not deceive reasonable consumers," the lawsuit says. It adds that the company "has deceived reasonable consumers, like [the] plaintiff and the members of the class, into believing the products were something that they were not."
The suit says that Kelly brought the complaint after purchasing a pack of peanut butter pumpkins for $4.49 in late October. She believed that "the product contained a cute looking carving of pumpkin's mouth and eyes as pictured on the product packaging" and would not have bought it if she had known it did not have the carvings.
The lawsuit also cited online reviews of the products, which described their packaging as "deceptive," a "trick" and "misleading," in support of the class-action nature of the suit. Consumers said in the reviews they had been "lied to" and were "flabbergasted" and "disappointed" with the difference.
The complaint alleges one count of a violation of Florida's Deceptive and Unfair Trade Practices Act—which prohibits "unfair or deceptive acts or practices in the conduct of any trade or commerce"—and requests a jury trial.
It says the matter in contention exceeds $5 million and seeks "compensatory damages in an amount according to proof at trial," as well as further relief "as the court deems just and proper."
Hershey is not the only company this year to face a class-action lawsuit over claims about its packaging. In May, supermarket chain Aldi was the subject of a complaint in California relating to its contention that its fruit and grain bars were "naturally flavored."
Update 1/1/24, 10:00 a.m. ET: This article was updated to include a response from a Hershey spokesperson.
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