Reese’s Peanut Butter Cups Have Been Deceiving Customers, According to New Lawsuit

This Halloween candy-inspired lawsuit isn’t so sweet (but kind of hilarious).

Reese’s Peanut Butter Cups are truly a favorite candy nationwide. In fact, Instacart revealed that it was the most popular candy sold during the Halloween season in 2022. It was specifically the most popular in 11 states.

And what’s even more fun than your standard Reese’s Peanut Butter Cups are its seasonally available shapes, such as the Easter egg shape available in spring, the Christmas tree in winter, and the Halloween pumpkin in the fall. One person, though, has taken issue with the Halloween-themed pumpkin peanut butter cups and is suing Reese’s parent company Hershey for misleading packaging.

Why Is Hershey’s Being Sued?

A Florida-based woman, Cynthia Kelly, is suing Hershey for alleged misleading packaging on the seasonally available Reese’s Peanut Butter Pumpkins sold in October 2023. The wrapper on the candies features chocolate pumpkins with a nose and mouth, while the product inside the wrapper does not.

The lawsuit claims the brand is deceiving reasonable customers by promising via the label that the candy would contain “explicit carved out artistic designs,” and Kelly says she would not have purchased the candies had she known they didn’t include “cute looking” designs.

The lawsuit isn’t just about the chocolate Reese’s Peanut Butter Pumpkins. It also extends to Reese’s White Pumpkins, Pieces Pumpkins, Peanut Butter Ghosts, Peanut Butter Bats, Peanut Butter Footballs, and Peanut Butter Snowmen Stockings Bells assortment pack. All of these candies come in packages with similarly detailed images.

The proposed class action suit seeks at least $5 million based on the argument that the packaging would mislead a reasonable consumer—which may be tricky to prove as companies can make items look more attractive if a reasonable consumer wouldn’t be deceived.

This isn’t the only lawsuit that’s been recently filed against a food brand for deceiving customers. Taco Bell was sued for allegedly misrepresenting the size of certain items, and Starbucks was sued for giving drink items misleading names, among multiple other suits.

The case is Kelly v. Hershey Co, U.S. District Court, Middle District of Florida, No. 23-02977.

Read the original article on All Recipes.