No Tricks, Just Treats: Court Dismisses Reese’s Packaging Suit
This photo of the packaging was submitted as part of the lawsuit. (US District Court of Southern Florida)
A federal judge has sided with Hershey, dismissing a lawsuit that accused the company of misleading customers with the packaging of its popular Reese’s Halloween candies.
The complaint, filed last year, alleged that wrappers decorated with jack-o’-lanterns, ghosts, and other spooky designs gave the impression that the candies inside would have carved-out details to match. Instead, the chocolates were plain pumpkin- or ghost-shaped treats without faces.
U.S. District Judge Melissa Damian ruled that the plaintiffs failed to show they suffered any actual economic harm. While acknowledging that some buyers may have been disappointed, she noted the candies “were unfit for consumption, did not taste as plaintiffs expected, or otherwise were so flawed as to render them worthless.” Rather, she wrote, the case boiled down to “subjective, personal expectations” about how the products would look once unwrapped.
Hershey defended itself by pointing out that the packaging included disclaimers clarifying the designs were “decorating suggestions.” The company maintained that customers received exactly what they purchased: “delicious Reese’s candy.”
Still, the plaintiffs’ attorneys aren’t backing down. Lawyer Anthony Russo said his team plans to amend the complaint and continue pursuing the proposed class-action suit, which seeks at least $5 million in damages. “We believe that companies should not be awarded with sales when they falsely represent the main characteristic of the product,” Russo said.
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