© Reuters. FILE PHOTO: An employee shows a Hershey’s chocolate bar made in the United States at the “American lifestyle” store in Berlin, Germany August 13, 2018. REUTERS/Fabrizio Bensch/File Photo
By Jonathan Stempel
(Reuters) – Hershey was sued by a Florida woman who said its holiday-themed Reese’s peanut butter candies didn’t have the artistic details listed on the packaging that make them worth buying .
In a proposed federal class-action lawsuit filed Thursday seeking at least $5 million, Cynthia Kelly accused Hershey of deceiving reasonable consumers by falsely promising that its candy would contain “explicit artistic designs carved into it.”
She said she wouldn’t have paid $4.49 in October at Aldi for a bag of Reese’s Peanut Butter Pumpkins if she’d known the candy was not only missing the “cute” sculpted eyes and mouth ” shown on the packaging, but also of any sculpture. .
The complaint states that Hershey’s labels “are materially misleading and that many consumers have been deceived and misled by the images on the product packaging.”
It cited several videos on Google’s (NASDAQ:) YouTube and included illustrations such as a Reese’s Peanut Butter Soccer Ball shaped like a soccer ball, but it was missing the laces shown on the packaging.
Hershey did not immediately respond Friday to requests for comment. Kelly’s attorney did not immediately respond to a similar request.
The plaintiff filed her complaint in federal court in Tampa, Florida.
She seeks damages from Florida buyers of peanut butter pumpkins, white pumpkins, pumpkin pieces, peanut butter ghost, white ghost, peanut butter bats, footballs Peanut Butter and Snowman Stocking Bells of Assorted Peanut Butter Shapes of this State for violations of this State’s consumer protection laws.
Kelly’s lawyer also filed lawsuits accusing Burger King and Taco Bell of selling foods that, when served, appear more enticing than advertised.
The case is Kelly v. Hershey Co. (NYSE:), United States District Court, Middle District of Florida, No. 23-02977.