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Florida woman sues Hershey for $5M over ‘misleading’ Reese’s packaging that ‘trick’ customers

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She was tricked by this treat.

A Florida woman is taking on The Hershey Company, claiming it has “tricked” customers through “misleading” packaging on Reese’s seasonal-shaped chocolates.

Cynthia Kelly, of Tampa, is suing the chocolate giant for $5 million because she claims the packaging and the actual contents don’t match.

For example, the pumpkin-shaped chocolate does not have eyes and nose cutouts like the packaging suggests, and the football shape is like an egg, according to the lawsuit, filed in Florida’s Middle District Court.

“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.

“This is a class action against Hershey for falsely representing several Reese’s Peanut Butter products as containing explicitly carved-out artistic designs when there are no such carvings in the actual products,” the suit said.

Cynthia Kelly, of Tampa, is suing Hershey for $5 million over its “misleading” packaging. Lawsuit exhibit
She included examples of “misleading” products, including a ghost with no eye holes. Lawsuit exhibit
She also claimed the football-shaped candy looked like an egg. Lawsuit exhibit

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.”

She said she would have left the chocolates behind if she had known the carved face was not actually included on the snack-sized Reese’s.

“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 features more than just the pumpkin shapes, but also the ghosts, bats, footballs, snowmen, and bell-shaped treats, several of which were photographed in the suit.

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

She also claimed that Reese’s packaging wasn’t always “deceptive” and that “two to three years” ago the products matched its packaging and did not display faces.

Kelly also cited numerous YouTube videos, where creators claimed Reese’s had “lied” to them and “failed” to deliver.

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

The New York Post has reached out to Hershey for comment.




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