Florida woman files $5 Million lawsuit against Hershey's

Florida lawsuit claims Hershey's misled consumers with deceptive packaging of Reese's seasonal chocolates, sparking a $5 million legal battle.

A woman from Florida is suing The Hershey Company for $5 million over what she calls “misleading” packaging on Reese’s seasonal-shaped chocolates.

Lawsuit alleges Hershey's 'tricked' consumers with misleading Reese's chocolate shapes (Lawsuit exhibit)

Cynthia Kelly, of Tampa, alleges that the iconic chocolate maker has “tricked” customers by showing images on the packaging that do not match the actual shape of the candies.

According to the lawsuit, filed in Florida’s Middle District Court, the pumpkin-shaped chocolate does not have the carved eyes and mouth as shown on the package, and the football shape resembles an egg.

“Hershey’s labels for the Products are materially misleading and numerous consumers have been tricked and misled by the pictures on the Products’ packaging,” the lawsuit stated.

The chocolate resembles an egg (Lawsuit exhibit)

The package didn't contain ‘artistic carvings’

Kelly claims that she bought pumpkin-shaped candies at Aldi for $4.49, thinking that they “contained a cute looking carving of a pumpkin’s mouth and eyes as pictured on the product packaging.” She says that she would not have bought them if she had known that the snack-sized Reese’s did not have the carved face.

“Reese’s Peanut Butter Pumpkins product that Plaintiff purchased did not contain any of the artistic carvings of the mouth or eyes as pictured on the label,” the lawsuit read.

The lawsuit also includes other seasonal shapes, such as ghosts, bats, footballs, snowmen, and bells, some of which were photographed in the suit. Kelly argues that Reese’s packaging used to be “accurate” and that “two to three years” ago the products looked like the images on the package and did not have faces.

Kelly also refers to several YouTube videos, where creators accused Reese’s of “lying” to them and “failing” to deliver.

The class action lawsuit will cover “all consumers within the State of Florida who purchased one of the products.”