Hershey faces $5 million lawsuit: Reason and everything to know

Hershey, the maker of Reese's, didn't seem to have a great start to 2024 after the company found itself in a $5 million lawsuit. Filed over false and deceptive advertising practices by Florida resident Cynthia Kelly, the lawsuit alleges that the company's holiday-themed candies 'lack the carvings and details' represented on the packaging.

The plaintiff who seemed to have bought a bag of Reese's Peanut Butter Pumpkin for over $4.49 from an Aldi store in October felt deceived by the advertising. As per Cynthia, she would not have bought the product if she was aware that it didn't have the 'cute looking' carved eyes or mouth as shown on the product's packaging.

The holiday-themed Reese's candies don't have the carved designs shown on the product's packaging (Image via Hershey)

Considering how such marketing practices may have affected several other consumers, the suit filed at the Federal Court in Tampa, Florida on December 28, 2023, seeks the status of a 'class actions lawsuit.'

The plaintiff further sought over $5 million from the accused party for deceiving reasonable customers with a packaging that falsely promised that the candies in the package would contain 'explicitly carved out artistic designs.'

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Hershey yet to release official statement on the matter

One of the largest manufacturers of chocolates and confectioneries, Hershey is facing legal troubles after a Florida resident took the company to court for false and deceptive advertising.

The lawsuit filed by Cynthia Kelly at the Federal Court in Tampa, Florida alleges that the company's packaging and labels are "materially misleading" as they trick customers into believing that the product in the package contains the same carved designs.

The suit, which mostly revolves around Reese's holiday theme candies, mentions popular products like Reese's ghosts, bats, snowmen, bell-shaped treats, and footballs that follow similar deceptive advertising practices.

The lawsuit filed at the Federal Court in Tampa, Florida on December 28 seeks $5 million in compensation (Image via Hershey)

Cynthia's lawsuit includes several pictures of both the actual products and the packaging. The side-by-side comparison confirms how a customer may be deceived by the packaging because the products shown on the package and the product inside it may be nothing alike.

Taking the example of Reese's Peanut Butter Football, the packaging shows a chocolate American football with carved designs, but the product in the package looks more like an egg with no carvings.

As of now, Hershey hasn't released a statement on the lawsuit, but an official statement from either the company or its lawyers can be expected to come out soon.

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Lawsuits for false and deceptive advertising continue to grow in numbers

Recently, lawsuits for false and/or deceptive advertising have become very common with brands dealing in fast food and ready-to-eat items. Apart from Hershey, major brands like Starbucks, Buffalo Wild Wings, and Aldi have also been slapped with similar suits previously.

Back in September 2023, Starbucks faced a $5 million lawsuit after a plaintiff sued the chain because its refresher drinks line-up did not contain any real fruits even when they were highlighted in the name of the drinks.

Buffalo Wild Wings also faced a similar lawsuit in March 2023, because its boneless wings were not chicken wings but chicken nuggets instead.

Starbucks, Buffalo Wild Wings, and Aldi have also faced similar false advertising lawsuits like Hershey (Image via U.S. Government Accountability Office)

Aldi also experienced the heat from a lawsuit in June 2023, because its granola bars claimed to have no artificial flavors and real fruit fillings, but still contained artificial flavors along with malic and citric acids. While most of these lawsuits are still pending, others are being heard in courts across the United States.