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Consumer Law

Missing faces on Reese’s Halloween candy targeted in would-be class action

By Debra Cassens Weiss

January 5, 2024, 8:51 am CST

Reese’s labeling portrays its specially shaped chocolate peanut butter products as pumpkins, ghosts, bats and footballs, but the carved chocolate designs shown on the package are not on the candies, according to a $5 million proposed class action lawsuit.

The Russo Firm filed the Dec. 28 lawsuit in federal court in the Middle District of Florida. It alleges that the “materially inaccurate” product photos violate Florida’s Deceptive and Unfair Trade Practices Act.

Consumers “have been tricked and misled” by the pictures on the product packaging, the suit says, citing and linking to consumer videos posted to YouTube. One reviewer, for example, said she expected the candy to have a jack-o-lantern face, but it actually looked like “a chocolate blob” and “a giant turd.”

Another YouTube reviewer held up the package, along with the actual contents, calling the candy a “monstrosity.” After taking a bite of the candy, he adds, “And the most annoying thing about it is it’s quite nice. It’s a nice peanut butter little chocolate bar snack.”

The suit says Reese’s changed its Halloween-shaped candy packaging two or three years ago. Before the company accurately portrayed the shaped product. But now, the pictures show carvings on the candy “to boost sales and revenues,” the suit alleges.

The Washington Post covered the case and contacted candymaker the Hershey Co. for comment. A spokesperson told the Washington Post that the company doesn’t comment on pending litigation.

The case is Kelly v. the Hershey Co.