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Florida woman sues Hershey after discovering their product did not look like packaging image

News - Dec 31, 2023
Florida woman sues Hershey after discovering their product did not look like packaging image

In a recent incident, a lawsuit has been filed by a Florida woman against The Hershey Company, seeking a substantial sum of $5 million in damages. 

The basis of the lawsuit revolves around allegations of misleading packaging practices employed by the renowned confectionery manufacturer.

A woman sues Hershey company because the actual product does not match the image on the packaging. Image Credit: Getty
A woman sues Hershey company because the actual product does not match the image on the packaging. Image Credit: Getty

Woman sues Hershey company for intentionally defrauding consumers

Cynthia Kelly, hailing from Tampa, Florida, purchased a delectable Reese's Peanut Butter Halloween treat from the popular grocery store, Aldi. 

Excitedly anticipating a delightful experience, Kelly eagerly unwrapped the treat, only to be met with deep disappointment. 

The actual product did not resemble the image displayed on its packaging.

While it is widely acknowledged that Reese's Peanut Butter products consistently deliver a delicious taste, Kelly was profoundly outraged by what she perceived as a deliberate act of deception. 

As a result, she took legal action against The Hershey Company in the Middle District Court of Florida.

The crux of Kelly's argument lies in the contention that the packaging, which prominently featured an alluring representation of the product, misled her and other consumers. 

Cynthia Kelly asked Hershey Company to pay $5 million in compensation after discovering actual product was too different from the image on the packaging. Image Credit: US District Court for the Middle District of Florida
Cynthia Kelly asked Hershey Company to pay $5 million in compensation after discovering actual product was too different from the image on the packaging. Image Credit: US District Court for the Middle District of Florida

A Reese's Peanut Butter Pumpkin did not resemble what they displayed on the packaging

A Reese's Peanut Butter Pumpkin is one of the goods under consideration. It features an orange and purple glossy package with the iconic Reese's emblem and a picture of a brown pumpkin with orange interiors and a smiling face carved on it.

Kelly's complaint about the product isn't that it tastes bad; rather, it's that the image on the packing doesn't accurately depict the goods within.

Kelly is suing Reese's Peanut Butter Pumpkin for not accurately depicting the goods within the packaging. Image Credit: Getty
Kelly is suing Reese's Peanut Butter Pumpkin for not accurately depicting the goods within the packaging. Image Credit: Getty

According to the lawsuit, Kelly believed that Reese's Peanut Butter Pumpkin would feature a charming and intricately carved pumpkin face, as depicted on the product packaging. It was the artistic designs showcased on the packaging that enticed her to buy the product in the first place.

Regrettably, the peanut butter pumpkin did not live up to her expectations. It lacked the artistic carvings of a mouth and eyes that were prominently displayed on the packing.

The lawsuit also mentions other Halloween-themed treats, including ghosts, bats, footballs, snowmen, and bell-shaped snacks

Many consumers believe that Hershey deceives customers because the product is not as described. Image Credit: Getty
Many consumers believe that Hershey deceives customers because the product is not as described. Image Credit: Getty

In one instance, a ghost-shaped treat is specifically mentioned in the legal documents, with the image on the packaging not aligning with the actual product, particularly in terms of the presence of eye holes.

Not only Kelly, but many other consumers have also criticized Hershey products when the actual product is too different from what is displayed on the packaging.