Woman Is Suing Hershey For $5 Million Claiming It Lies About Its Products

By maks in News On 30th December 2023
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A Florida woman has filed a lawsuit against The Hershey Company demanding $5 million over 'misleading' packaging.

She says their packaging is 'misleading'.

Cynthia Kelly, of Tampa, is suing Hershey for $5 million over its “misleading” packaging. Lawsuit exhibit

Cynthia Kelly from Tampa bought a Reese's Peanut Butter Halloween treat for $4.49 at Aldi. 

When she opened it, she found it didn't look like the picture on the packet.

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Even though the chocolate probably tasted great, Kelly was upset about the 'deception'. 

She's filed a lawsuit in Florida's Middle District Court.

The candy in question, a Reese's Peanut Butter Pumpkin, comes in an orange and purple shiny packet.

She included examples of “misleading” products, including a ghost with no eye holes. Lawsuit exhibit

It has the Reese's logo and a picture of a brown pumpkin with a smiling face.

Kelly's problem isn't with the taste. She's upset because the image on the packet doesn't accurately show what's inside.

The lawsuit says Kelly thought the candy would have 'a cute looking carving of a pumpkin’s mouth and eyes as pictured on the product packaging'.

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She bought it for the 'artistic designs'.

But, the peanut butter pumpkin didn't have the carvings of the mouth or eyes shown on the label.

The lawsuit also mentions other Hershey's products like ghosts, bats, footballs, snowmen, and bells.

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She also claimed the football-shaped candy looked like an egg. Lawsuit exhibit

It includes a picture of a ghost candy that doesn't have eye holes like the one on the packet.

Kelly accuses Hershey's of making 'materially misleading' labels.

She also points out other disappointed customers, including YouTubers.

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They posted videos showing their surprise when their Reese's Halloween products didn't match the packet designs.

One caption says, "Reese's Halloween Candy LIED to Me!"

The lawsuit says: "Numerous consumers have been tricked and misled by the pictures on the Products’ packaging."

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“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, viewed by The Post, said. Lawsuit exhibit
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The bizarre lawsuit came forth after Kelly purchased pumpkin-shaped candies at Aldi for $4.49, believing it “contained a cute looking carving of a pumpkin’s mouth and eyes as pictured on the product packaging.” Lawsuit exhibit
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The lawsuit features more than just the pumpkin shapes, but also the ghosts, bats, footballs, snowmen, and bell-shaped ones, several of which were photographed in the suit. Lawsuit exhibit
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The class-action lawsuit will cover “all consumers within the State of Florida who purchased one of the products.” Lawsuit exhibit
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The lawsuit says: "Numerous consumers have been tricked and misled by the pictures on the Products’ packaging."

Kelly is asking for at least $5 million from Hershey for compensation.