A Florida woman has filed a proposed federal class action lawsuit against Hershey, accusing the company of deceiving consumers with its holiday-themed Reese's peanut butter candies. Cynthia Kelly claims that the candies lack the artistic details shown on the packaging, making them not worth buying. Seeking at least $5 million in damages, Kelly alleges that Hershey falsely promised that its candies would contain "explicit carved out artistic designs." She states that she would not have purchased a bag of Reese's Peanut Butter Pumpkins for $4.49 at Aldi in October if she had known that the candies did not have the "cute looking" carved eyes and mouth depicted on the packaging.

The lawsuit, filed in the federal court in Tampa, Florida, argues that Hershey's labels are "materially misleading" and that numerous consumers have been "tricked and misled" by the pictures on the products' packaging. The complaint includes illustrations, such as a Reese's Peanut Butter football shaped like a football but missing the laces shown on the packaging. Kelly's lawyer has also filed similar lawsuits against Burger King and Taco Bell, accusing them of selling food that looks less enticing than advertised.

Hershey has not yet responded to requests for comment, and Kelly's lawyer has also not provided a response. The lawsuit seeks damages for Florida purchasers of various Reese's Peanut Butter seasonal shapes, including Pumpkins, White Pumpkins, Pieces Pumpkins, Peanut Butter Ghosts, White Ghosts, Peanut Butter Bats, Peanut Butter Footballs, and Peanut Butter Shapes Assortment Snowmen, Stockings, and Bells, for violations of Florida's consumer protection laws.

The case, Kelly v Hershey Co, is pending in the U.S. District Court, Middle District of Florida, with the case number 23-02977. Cynthia Kelly alleges that Hershey has “tricked” customers through “misleading” packaging on its Reese's seasonal-shaped chocolates. She claims that the packaging and the actual contents do not match, citing examples such as the pumpkin-shaped chocolate lacking the eyes and nose cutouts depicted on the packaging. The lawsuit argues that Hershey's labels are "materially misleading" and that many consumers have been "tricked and misled" by the pictures on the packaging.

Kelly's lawsuit was prompted by her purchase of pumpkin-shaped candies at Aldi for $4.49, believing they would have the carved face as pictured on the packaging. However, the candies did not have any artistic carvings. The lawsuit also includes other seasonal shapes, such as ghosts, bats, footballs, snowmen, and bell-shaped treats, with photographs provided as evidence. Kelly claims that Reese's packaging used to match the actual products but has recently become "deceptive." She references YouTube videos where creators accuse Reese's of lying and failing to deliver on the advertised designs.

The class action lawsuit aims to represent all consumers within the State of Florida who purchased any of the mentioned products. The New York Post has reached out to Hershey for a comment, but no response has been received yet.