The lawsuit’s been widely covered so usually I wouldn’t bother linking, but there’s been mockery over it, and the mockery is wrong.
Just look at the picture.
Almost anything you buy, the picture on the package is prettier than what’s inside, but the imagery on these candy wrappers is PhotoShop BS, a flat-out lie.
I stand with Cynthia Kelly, and hope Hershey pays her the $5M she’s asking.
Dec 29 (Reuters) - Hershey has been sued by a Florida woman who said its holiday-themed Reese’s peanut butter candies lack the artistic details shown on the packaging that make them worth buying.
In a proposed federal class action filed on Thursday and seeking at least $5 million, Cynthia Kelly accused Hershey of deceiving reasonable consumers by falsely promising that its candies would contain “explicit carved out artistic designs.”
She said she would not have paid $4.49 in October at an Aldi for a bag of Reese’s Peanut Butter Pumpkins, had she known that the candies not only lacked the “cute looking” carved eyes and mouth shown on the packaging, but any carvings at all.
The complaint said Hershey’s labels “are materially misleading and numerous consumers have been tricked and misled by the pictures on the products’ packaging.”
It cited several videos on Google’s YouTube, and included illustrations such as a Reese’s Peanut Butter footBall shaped like a football, but missing the laces shown on the packaging.
Hershey did not immediately respond on Friday to requests for comment. Kelly’s lawyer did not immediately respond to a similar request.
The plaintiff filed her lawsuit in the federal court in Tampa, Florida.
She is seeking damages for Florida purchasers of Reese’s Peanut Butter Pumpkins, White Pumpkins, Pieces Pumpkins, Peanut Butter Ghost, White Ghost, Peanut Butter Bats, Peanut Butter footBalls and Peanut Butter Shapes Assortment Snowmen Stockings Bells for violations of that state’s consumer protection laws.
Kelly’s lawyer has also filed lawsuits accusing Burger King and Taco Bell of selling food that when served looks less enticing than advertised.
The case is Kelly v Hershey Co, U.S. District Court, Middle District of Florida, No. 23-02977.
Isn’t it more frivolous for the company to intentionally falsify the images on the packaging to increase sales? They deserve to be held to the same standards as all other companies or else the false advertising will only worsen.
Wth are you talking about? No other person or company is held to that “standard”. This is just circle jerking over “sticking it” to a corporation over the tiniest possible thing they could be punished for. It’s absurd.
The FTC has extensive federal labeling laws for products sold in the US. Products cannot be misrepresented to consumers. It is not up to me to decide where to draw the line of what is going too far, but I welcome the opportunity for a judge to decide if Reeces overstepped that line or not.
It is important to challenge these cases or else corporations will lie on packaging more and more. This is not a hypothetical, this is a real problem that the FTC has faught to gain control over for decades to get to the point where we are now where consumers more or less trust packaging to be a fair representation of the product they are paying for.