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Hershey sued for selling Reese’s chocolates without ‘cute’ decorations

By: WISCONSIN LAW JOURNAL STAFF//January 2, 2024//

IMAGE DISTRIBUTED FOR REESE'S - Fans of Reese's watched as a pallet of a rare version of the product was unwrapped at the school in West Lafayette, Ind., Thursday March 21, 2019. Reese's is all in on the "three" for this year's NCAA Division I Men's Basketball Tournament. Students and fans at all four of the 3-seed schools were given "rare" 3-cup Reese's product prior to today's tournament tipoff. (Doug McSchooler /AP Images for Reese's)

Hershey sued for selling Reese’s chocolates without ‘cute’ decorations

By: WISCONSIN LAW JOURNAL STAFF//January 2, 2024//

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Hershey’s Reese’s Peanut Butter product packaging is advertised to have decorative designs carved into shaped chocolates, a smiling jack-o-lantern face, the eyes and mouth of a ghost or the laces of a football, reports the Washington Post.

Cynthia Kelly thought she would be getting “cute” decorations when she purchased a Reese’s Peanut Butter Pumpkin after relying on the representations of the outer product packaging — with a “cute looking” carving of a jack-o-lantern, the lawsuit claims.

The lawsuit claims the chocolates don’t contain those decorations and the outer packaging misled shoppers like Kelly who were expecting the designs on their Halloween-themed treats.

Hershey declined to comment to The Washington Post citing a policy not to comment on pending litigation.

According to the Post, Hershey is not alone in a long list of food companies that have faced lawsuits recently over product advertising.

The list includes, but is not limited to:

  • 2022, a class-action suit accused Burger King of deceptively presenting its Whopper burgers in advertisements to be larger than they were in real life
  • Kellogg faced multiple lawsuits claiming that it falsely advertised the strawberry content of its strawberry Pop-Tarts
  • Customers have also sued over the marketing of Taco Bell’s Mexican Pizza
  • Starbucks’s Mango Dragonfruit Lemonade
  • TGI Friday’s mozzarella sticks
  • Red Bull’s energy drinks.

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