Woman Sues Reese’s Chocolate For ‘Misleading’ Photos on Packaging

Reece's pumpkin
Reese’s photo of its peanut butter pumpkin treat on packaging (left) versus what Cynthia Kelly got (right).

A woman is suing the chocolate company behind Reese’s treats — claiming that some of its items were misleadingly advertised in photos shown on the packaging.

According to a report by WFTV9, a customer named Cynthia Kelly from Tampa, Florida has filed a federal lawsuit against The Hershey Company on Wednesday.

Reese’s photo of its peanut butter football treat on packaging (left) versus what a YouTuber allegedly got (right).

In the class-action lawsuit, Kelly claims that the company’s autumn and winter-related Reese’s treats were advertised deceptively because they did not include details souch as mouths and eyes as shown on its packaging.

WFTV9 reports that Kelly is suing The Hershey Company, which is based in Delaware, for a staggering $5 billion in Florida’s Middle District Court.

Reese’s promotional photo of its peanut butter ghost treat on packaging
A photo of what Kelly allegedly got in her Reese’s Peanut Butter Ghost packaging.

“Hershey’s labels for the products are materially misleading and numerous consumers have been deceived and misled by the images on the products’ packaging,” Kelly alleges in the lawsuit.

In the list of offending chocolate products in her lawsuit, Kelly includes Reese’s Peanut Butter Pumpkins, Reese’s White Pumpkins, Reese’s Pieces Pumpkins, Reese’s Peanut Butter Ghost, Reese’s White Ghost, Reese’s Peanut Butter Bats, Reese’s Peanut Butter Footballs, and Reese’s Peanut Butter Shapes Assortment Snowmen Stockings Bells.

‘Reese’s What are You Doing!’

In the filing, Kelly also provided links to YouTube videos featuring creators complaining about the lack of detailing on the chocolates and supposedly accusing Reese’s treats of using misleading photos on the packaging.

“Reese’s what are you doing,” a YouTuber says, according to the class-action lawsuit.

“Look at the picture on the packet. It’s like a pumpkin with faces and a little mouth — then you open up the packet and you are presented with that monstrosity.”

Kelly contended that thousands of people had been harmed by the packaging discrepancies. As well as a financial sum, she is asking the judge to demand The Hershey’s company amend its packaging to be more accurate.

This lawsuit is the latest in a growing number of similar legal challenges as customers claim that there is a huge disparity between what food companies and restaurants actually serve up and the products that they advertise in photographs.

A disgruntled customer sued Taco Bell after his Mexican Pizza did not look like the one advertised in the company’s promotional photos.

Meanwhile, McDonald’s and Wendy’s are being sued by a New York man who claims that advertisements for their burgers look much bigger than they actually are.


Image credits: All photos via court documents Kelly v. The Hershey Company.

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