Hershey has urged a U.S. judge to dismiss a lawsuit accusing the company of misleading consumers about several Reese’s peanut butter candies.
In a filing made on Wednesday in a federal court in Fort Lauderdale, Florida, Hershey argued that no reasonable consumer would expect its Halloween- and Christmas-themed candies to exactly match the “artistic designs” depicted on the packaging.
The lawsuit, filed by four plaintiffs, alleges that some Reese’s products, including pumpkin-shaped candies lacking eyes and crooked mouths, and a football-shaped candy missing stitching, did not match the detailed designs shown on the packaging.
However, Hershey countered that the plaintiffs ignored disclaimers stating that these details were merely “DECORATING SUGGESTIONS” and pointed out that other images on the packaging did not feature such details.
Hershey dismissed the focus on decorative carvings as an unreasonable expectation of how the candies should appear, calling the lawsuit part of a growing trend of baseless class actions based on a consumer’s selective and subjective interpretation of one aspect of a product’s packaging without considering the full context.
The company also noted that none of the plaintiffs claimed the products were unfit for consumption or differed from the quality consumers expect from the iconic Reese’s brand.
The plaintiffs, Nathan Vidal, Debra Kennick, Abdjul Martin, and Eduardo Granados, are seeking at least $5 million in damages.
The case is Vidal et al v Hershey Co, U.S. District Court, Southern District of Florida, No. 24-60831. A lawyer for the plaintiffs declined to comment on Thursday.
