Florida woman sues Hershey for $5 million over 'misleading' Reese's packaging that 'tricks' customers

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Published December 29, 2023, 9:48 p.m. ET

She was tricked by this treat.

A Florida woman is taking on the Hershey Company, claiming it “deceived” customers with “misleading” packaging on Reese’s seasonally shaped chocolates.

Cynthia Kelly of Tampa is suing the chocolate giant for $5 million, claiming the packaging and actual contents don’t match.

For example, the pumpkin-shaped chocolate does not have eye and nose cutouts as the packaging suggests, and the football shape resembles an egg, according to the lawsuit filed in Middle District Court in Florida.

“Hershey’s labels for the products are materially misleading and numerous consumers have been deceived and misled by the images on the products’ packaging,” says the lawsuit, viewed by The Post.

“This is a class action lawsuit against Hershey for misrepresenting several Reese’s Peanut Butter products with explicitly carved artistic designs, when the actual products do not feature such carvings,” the lawsuit states.

Cynthia Kelly of Tampa is suing Hershey for $5 million over its “misleading” packaging. Lawsuit exhibit It included examples of “misleading” products, including a ghost with no eye holes. Evidence of the lawsuit She also claimed that the football-shaped candy looked like an egg. Lawsuit exhibition

The bizarre lawsuit arose after Kelly purchased $4.49 pumpkin-shaped candies at Aldi because she believed they contained “a cute-looking carving of a pumpkin’s mouth and eyes, as depicted on the product packaging.”

She said she would have left the chocolates if she had known the carved face wasn’t actually included on the snack-sized Reese’s treats.

“The Reese’s Peanut Butter Pumpkins product purchased by plaintiff did not contain any of the ornate mouth or eye carvings depicted on the label,” the lawsuit states.

The lawsuit includes not only the pumpkin shapes, but also ghosts, bats, footballs, snowmen and bell-shaped treats, several of which were photographed in the suit.

“Hershey’s labels for the products are materially misleading and numerous consumers have been deceived and misled by the images on the products’ packaging,” says the lawsuit, viewed by The Post. Exhibit in Lawsuit The bizarre lawsuit arose after Kelly purchased $4.49 pumpkin-shaped candies at Aldi because she believed they contained “a cute-looking carving of a pumpkin’s mouth and eyes, as depicted on the product packaging.” Lawsuit Exhibition The lawsuit features not only the pumpkin shapes, but also ghosts, bats, footballs, snowmen and bell-shaped ones, some of which were photographed wearing the suit. Evidence of the lawsuit The class action lawsuit affects “all consumers in the state of Florida who purchased any of the products.” Lawsuit exhibition

She also claimed that Reese’s packaging wasn’t always “deceptive” and that the products “two to three years ago” matched the packaging and didn’t show faces.

Kelly also cited numerous YouTube videos in which creators claimed Reese’s “lied” to them and “didn’t deliver.”

The class action lawsuit affects “all consumers in the state of Florida who purchased any of the products.”

The New York Post has reached out to Hershey for comment.

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