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  • Erghin Hagicalil
  • Sep 5, 2024
  • 2 min read

Hershey urged a U.S. judge to dismiss a lawsuit claiming it misled consumers about several Reese's peanut butter candies, using its request to level a broadside against what it considers baseless class action litigation over product packaging.


In a Wednesday filing in Fort Lauderdale, Florida federal court, Hershey said no reasonable consumer could believe its Halloween- and Christmas-themed candies necessarily contained the "explicit carved out artistic designs" shown on packaging.


The consumers suing Hershey expressed disappointment with the lack of details on nine Reese's products, including pumpkin-shaped candies missing eyes and crooked mouths, and a football-shaped candy whose lack of stitching left it resembling an egg.


But Hershey said the four plaintiffs ignored disclaimers that such details were only a "DECORATING SUGGESTION," and other images that lacked such details.


The company called it unreasonable to focus only on images with decorative carvings as a "supposed guarantee" of how Reese's candies actually looked.


"This lawsuit is yet another in a growing trend of baseless class actions founded on nothing but a consumer's selective, subjective, and result-driven interpretation of one isolated aspect of a product's packaging without considering its full context," Hershey said.


"Not a single plaintiff claims the product was unfit for consumption or was anything other than what consumers have come to love and expect from this iconic brand--a delicious treat," it added.


A lawyer for the plaintiffs had no immediate comment on Thursday.


Many other consumer class actions target packaging claims, such as whether products qualify as all natural or contain enough of a particular ingredient.


The Florida plaintiffs suing Hershey, Nathan Vidal, Debra Kennick, Abdjul Martin and Eduardo Granados, are seeking at least $5 million in damages.


The case is Vidal et al v Hershey Co, U.S. District Court, Southern District of Florida, No. 24-60831.

 
 
 

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