Candy maker Hershey is facing a $5 million lawsuit from a Florida woman who claims the company's Reese's peanut butter candies often don't resemble their packaging.
The lawsuit alleges the candies violate Florida's Deceptive and Unfair Trade Practices Act. The suit says that plaintiff Cynthia Kelly was among those deceived into buying a Reese’s peanut butter product based on false and deceptive advertising.
The lawsuit gave multiple examples of how the candies lacked the details seen in photos. For instance, Reese’s Pumpkins are pictured on the label as having carved-out eyes and a mouth, but the candies did not have carved-out features.
Other products, like Reese’s White Ghost, Reese’s Peanut Butter Bats, and Reese’s Peanut Butter Footballs, had similar features missing, Kelly's suit alleges.
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The issue was first reported by a consumer advocate who worked in government in Massachusetts and is behind the website Consumer World.
The suit claims that Kelly purchased Reese’s Peanut Butter Pumpkins under the belief the candy would have these carved-out designs.
"Plaintiff would not have purchased the Reese’s Peanut Butter Pumpkins product if she knew that it did not have the detailed carvings of the mouth and/or eyes as pictured on the product label," the lawsuit said.
Kelly's suit intends to form a class-action complaint against Hershey, meaning other customers can join in seeking compensation.
In a response to Scripps News, Hershey said it would not comment on pending litigation.
