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Hershey is facing a renewed class action lawsuit from four consumers in southern Florida who claim the company misled them about the artistic details of Reese’s peanut butter candies.
The consumers, Nathan Vidal, Debra Kennick, Abdjul Martin, and Eduardo Granados, were “very disappointed” that the candies they purchased late last year lacked the “explicit carved out artistic designs” depicted on the packaging. The plaintiffs allege they would not have made the purchases had they known the candies would be plain.
The lawsuit focuses on nine Reese’s candies, including several with Halloween and Christmas themes, Reese’s Peanut Butter Footballs, and Reese’s Medal.
The complaint includes photos showing significant discrepancies between the advertised and actual appearances of the candies.
For example, pumpkin-shaped candies were missing advertised features such as eyes and crooked mouths, while a football-shaped candy resembled an egg due to the absence of stitching.
The class action was filed in the U.S. District Court for the Southern District of Florida, Fort Lauderdale division, and seeks at least $5 million in damages.
The lawsuit follows a similar, narrower case filed in Tampa, Florida, in December by the same lawyer, which was voluntarily dismissed on the same day as the new filing.
The plaintiff’s lawyer has a history of filing lawsuits against companies for alleged misleading advertising. Previous lawsuits have been filed against Burger King and Taco Bell for serving food that did not match the advertised appearance.
These cases reflect a broader trend of consumer litigation focusing on discrepancies between product marketing and actual product presentation.
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