Hershey wins dismissal of Reese’s Pumpkin packaging lawsuit

A federal court has dismissed a proposed class-action lawsuit against The Hershey Company regarding the packaging of Reese’s Peanut Butter Pumpkins. Two Florida consumers had alleged they were misled because the seasonal candies lacked the jack-o’-lantern faces depicted on the wrappers. The plaintiffs sought $5 million, claiming the missing designs provided novelty value and that they would have paid less had they known the true appearance of the product.

U.S. District Judge Melissa Damian ruled that the plaintiffs lacked Article III standing, characterizing their grievance as “subjective disappointment.” The court noted that the plaintiffs did not allege the products were defective, inedible, or worthless. Furthermore, the court found the plaintiffs' economic injury claims insufficient, as the price comparisons provided were from different retailers than where the actual purchases were made.

Following the legal proceedings, Hershey has updated the product packaging. The previous “Decorating Suggestion” disclaimer has been replaced with a new notice on the front and back of the wrappers stating “Carving not on actual product.”