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Hershey's Faces Class Action Suit Over Reese's Packaging

The legal challenge is spurred by consumers who claim the packaging doesn’t match the product.

Reese's Pumpkins

Hershey faces a class-action lawsuit over allegations that its Reese's Halloween-themed chocolates were sold with misleading packaging, suggesting decorations that were absent on the actual products, according to the Washington Post.

The issue's essence lies in the discrepancy between the advertised appearance of a product and its actual presentation upon purchase. Simply put, the picture on the Reese’s packaging did not match the actual product. Rather than a jack-o'-lantern face, a ghost's eyes and mouth, or a football's laces, the candies were solid shapes without the decorative designs.

Cynthia Kelly alleges in her lawsuit that she made her purchasing decision based on those decorative details. The recent class-action lawsuit filed against Hershey alleges that the company's Reese's Peanut Butter Pumpkin and other similar products fell short of these expectations, showcasing a stark contrast between the decorative designs on the packaging and the undecorated chocolates inside. It claims that the packaging only changed around two to three years ago and previously indicated exactly what was in the package. In addition to Kelly’s charge, the lawsuit includes YouTube videos from consumers who felt misled by the packaging.

Todd Scott, a spokesperson for Hershey, told The Washington Post that the company does not comment on pending litigation.

This is not an isolated incident in the food industry, where legal challenges over packaging and advertising practices are not uncommon. The outcomes of such lawsuits have been varied, with some cases dismissed and others resulting in settlements. These legal proceedings underscore the scrutiny that packaging claims face, highlighting the delicate balance companies must maintain between creative marketing and truthful representation.

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