Hershey updates Reese’s Pumpkins packaging following lawsuit

The Hershey Co. has added a disclaimer to its Reese’s Peanut Butter Pumpkins packaging after a legal dispute regarding the accuracy of images on the product. The new packaging now includes the phrase "Carving not on actual product" next to an illustration of the pumpkin-shaped candy featuring jack-o’-lantern-style facial features, as shown on the official Hersheyland website. This disclaimer is printed in small text on both the front and back of the packaging. It replaces the previous wording, which stated, "Decorating Suggestion," according to court documents. Hershey's change follows the dismissal of a proposed class-action lawsuit filed by two Florida consumers who claimed they were misled by the packaging. They argued that the Reese’s pumpkins they purchased did not have the decorative carvings depicted on the packaging, as reported by Reuters last month. US District Judge Melissa Damian ruled that the plaintiffs, Nathan Vidal and Eduardo Granados, did not have legal standing to assert that they overpaid for the candy. Judge Damian noted that the plaintiffs' only grievance was their subjective disappointment, stating, "Accepting plaintiffs’ allegations as true, it is clear that their only injury is their subjective disappointment." She added that the plaintiffs did not claim that the Reese’s Peanut Butter Pumpkins were defective or lacked value due to the absence of the decorative carvings. The judge also dismissed their claim that they paid up to 25% more for the products. Hershey contended in court that the packaging described the carvings as a "decorating suggestion." James Kelly, the attorney representing the plaintiffs, expressed disappointment with the ruling and indicated plans to appeal, stating, "Consumers in Florida deserve to get what they pay for, and it is troubling to see them left without protection." This lawsuit follows an earlier version that was dismissed by Judge Damian in September. Hershey has recently introduced over 20 Halloween-themed products in anticipation of the holiday.