Woman sues Hershey’s claiming false advertising

TAMPA, Fla. — A woman filed a federal lawsuit against the Hershey Company, which claims that Reese’s fall and winter treats were advertised falsely.

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Cynthia Kelly accused the chocolate company in the lawsuit of deceiving consumers by falsely promising that the treats would contain “explicit carved out artistic designs,” according to Reuters.

Kelly said she would not have paid $4.49 in October at an Aldi store for a bag of Reese’s Peanut Butter Pumpkins if she had known that the carved eyes and mouth on the packaging were not on the candies, Reuters reported.

Kelly sued the company for more than $5 million in Florida’s District Court on Thursday, WFTV reported.

The lawsuit includes Reese’s Peanut Butter Pumpkins, Reese’s White Pumpkins, Reese’s Pieces Pumpkins, Reese’s Peanut Butter Ghost, Reese’s White Ghost, Reese’s Peanut Butter Bats, Reese’s Peanut Butter footballs, and Reese’s Peanut Butter Shapes Assortment Snowmen Stockings Bells, according to the news outlet.

The concern in the lawsuit is not about how they taste but how they look, according to WFLA.

“Hershey’s labels for the Products are materially misleading and numerous consumers have been tricked and misled by the pictures on the Products’ packaging,” the lawsuit stated, according to WFTV.

“Reese’s what are you doing,” the lawsuit quoted. “Look at the picture on the packet. It’s like a pumpkin with faces and a little mouth -- then you open up the packet and you are presented with that monstrosity.”

The lawsuit cited multiple videos on YouTube and illustrations of the Reese’s Peanut Butter footBall shaped like a football without the laces as it was shown on the wrapping, according to Reuters.

The Hershey Company’s representatives did not immediately respond to WFTV for comment.