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Hershey faces dismissed lawsuit over Reese's pumpkin packaging
A federal judge in Florida has dismissed a proposed class-action lawsuit against Hershey, which accused the company of misleading consumers regarding its Reese’s Halloween-themed peanut butter pumpkins.
The plaintiffs, Nathan Vidal and Eduardo Granados, argued that the candy lacked the carved eyes and mouths depicted on the packaging, leading them to pay a premium for the decorative designs. U.S. District Judge Melissa Damian ruled that the consumers lacked legal standing to pursue the claim, stating that their injury was merely “subjective disappointment.”
Judge Damian noted that the plaintiffs did not allege the product was defective or had lost economic value, observing that while the pumpkins lacked specific carvings, they maintained a “novel pumpkin shape.” The court also rejected claims that the consumers overpaid by up to 25%, noting a discrepancy in the pricing data provided by the plaintiffs compared to where the items were actually purchased.
Lawyer James Kelly, representing the plaintiffs, stated that his clients intend to appeal the ruling.