Hershey’s faces $5M class-action lawsuit for Reese’s falsely advertising shapes of candy

Writer: Paul Dolan
Published: Updated:
Several different Reese’s products. CREDIT: PAUL DOLAN

Contrary to its slogan, Reese’s might be sorry following a Florida woman’s $5 million class-action lawsuit against The Hershey Company.

According to a press release from the Russo Firm, pictures on Reese’s packaging are misleading consumers, and therefore, The Hershey Company is accused of false advertising.

CBS News

The lawsuit, filed by The Russo Firm in the Middle District of Florida, says some of the artistic designs shown on the labels of products don’t match what the candy actually looks like.

Some of the candies listed in the suit include Reese’s Peanut Butter Pumpkins, Reese’s Peanut Butter Ghost, Reese’s Peanut Butter Bats, Reese’s Peanut Butter Footballs and Reese’s Peanut Butter Shapes Assortment Snowmen Stockings Bells.

“The packaging depicts intricate ‘carved out’ designs on items such as pumpkins, bats and footballs but in reality, these products have no such etchings,” said Attorney Anthony Russo, Jr., founding partner of The Russo Firm. “Major brands like these need to have a fiduciary responsibility to their consumers and not continually engage in perpetual advertorial deception. We intend to have our clients’ voices heard to force necessary change in the industry.”

The firm expects tens of thousands to join should the lawsuit meet class certification standards.

According to the release, “If a consumer bought a Reese’s Peanut Butter product in the United States and feels it didn’t live up to what was depicted in the advertisements, there might be a rebate in their future.”

“In our discovery, we’ve learned that Hershey’s did not always include the misleading detailed carvings shown on its current packaging,” said James C. Kelly, partner of The Russo Firm. “In the last two or three years, the packaging was deceptively updated while the product inside remained the same, a tactic used to boost sales and intrigue.”

The Russo Firm has filed similar suits against brands like McDonalds, Wendy’s, Arby’s and Burger King.

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