The lawsuit’s been widely covered so usually I wouldn’t bother linking, but there’s been mockery over it, and the mockery is wrong.
Just look at the picture.
Almost anything you buy, the picture on the package is prettier than what’s inside, but the imagery on these candy wrappers is PhotoShop BS, a flat-out lie.
I stand with Cynthia Kelly, and hope Hershey pays her the $5M she’s asking.
Dec 29 (Reuters) - Hershey has been sued by a Florida woman who said its holiday-themed Reese’s peanut butter candies lack the artistic details shown on the packaging that make them worth buying.
In a proposed federal class action filed on Thursday and seeking at least $5 million, Cynthia Kelly accused Hershey of deceiving reasonable consumers by falsely promising that its candies would contain “explicit carved out artistic designs.”
She said she would not have paid $4.49 in October at an Aldi for a bag of Reese’s Peanut Butter Pumpkins, had she known that the candies not only lacked the “cute looking” carved eyes and mouth shown on the packaging, but any carvings at all.
The complaint said Hershey’s labels “are materially misleading and numerous consumers have been tricked and misled by the pictures on the products’ packaging.”
It cited several videos on Google’s YouTube, and included illustrations such as a Reese’s Peanut Butter footBall shaped like a football, but missing the laces shown on the packaging.
Hershey did not immediately respond on Friday to requests for comment. Kelly’s lawyer did not immediately respond to a similar request.
The plaintiff filed her lawsuit in the federal court in Tampa, Florida.
She is seeking damages for Florida purchasers of Reese’s Peanut Butter Pumpkins, White Pumpkins, Pieces Pumpkins, Peanut Butter Ghost, White Ghost, Peanut Butter Bats, Peanut Butter footBalls and Peanut Butter Shapes Assortment Snowmen Stockings Bells for violations of that state’s consumer protection laws.
Kelly’s lawyer has also filed lawsuits accusing Burger King and Taco Bell of selling food that when served looks less enticing than advertised.
The case is Kelly v Hershey Co, U.S. District Court, Middle District of Florida, No. 23-02977.
Looking at the picture, the packaging says pumpkin not jack o lantern and I’d say that looks like a pumpkin.
But there’s a picture on the front of a candy that doesn’t look like the candy inside.
I think $5 million is a lot of money for this, but the complaint is valid.
There’s also a bite taken out of every single other product wrapping they have. Are people expecting them to come out of the package with bites missing now too?
It’s the only way to know they’re not poisoned, along with proof of life for the taster.
So we’re going to waste the court’s time and give the lawyers thousands of dollars for nothing meaningful to change? And before anyone says “but they’ll have to change the packaging and be more honest”. This happened with Red Bull a few years ago and and now they can’t say it gives you wings but all their commercials say it “gives you wiiiings”. So Hershey’s will just have to put a tiny disclaimer that says it doesn’t have a face. I think companies should be honest in their marketing but they’re always going to look for the easiest and least expensive option and making so every product they distribute look exactly like the package isn’t it.
I’m not doing anything of the sort. This was Hershey’s fuck up. Maybe it discourages the next corporation from using deceptive marketing.
Sorry if I wasn’t clear, so they’re going to waste the courts time? Also, read what I said about Red Bull, they don’t think twice, they just come up with other ways around it.
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That myth predates Gerber, likely. Please don’t spread this twaddle.
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