The four who purchased Reese’s peanut butter products in 2023 said they were distraught when the candies didn’t match the photo on the package.
Check out the breakdown of the peanut butter pumpkin case from Reese
A 2024 lawsuit was filed claiming “deceptive markings” on some of Hershey’s peanut butter products.
Hershey’s customers weren’t really fooled by Lease’s peanut butter pumpkin.
On September 19, a Florida judge dismissed Hershey’s last year’s lawsuit, which accused him of keeping secret marketing secrets in deceptive marketing for various Reese’s peanut butter products, including Reese’s peanut butter pumpkin.
In her ruling, US District Judge Melissa Damien said the plaintiffs (four who purchased Reese’s peanut butter products in 2023) did not provide sufficient evidence to claim financial injury. The customer claimed he bought the chocolate for the “cool” package and was disappointed to find the “blank” chocolate within the wrapper.
What you need to know about the lawsuit and why did it melt?
Why was Hershey sued? The candy did not match the packaging, the customer said.
Florida residents Nathan Vidal, Debra Kennick, Abujul Martin and Eduardo Granados filed a lawsuit in May 2024, claiming that some lease’s peanut butter products featured advertisements “illegal, fraudulent, unjust, false, false, false, and/or boring” according to court documents. In addition to peanut butter pumpkins, customers also mentioned peanut butter ghosts, bats, soccer, winter shapes, snowmen, stockings, bells, and more.
According to court documents, Vidal purchased three bags of Reese’s Peanut Butter Pumpkins in 2023. But when he opened the chocolate, he said, “It didn’t contain artistic sculptures for mouths or eyes, as depicted on the label,” he was distraught. Vidal claimed he would not have purchased the chocolate if he knew that he would not display the details as depicted on the external packaging.
Specifically, four customers alleged that Hershey was violated for violating Florida’s deceptive and unfair trade practices laws, designed to protect Floridians from unfair competition, deceptive conduct and unethical practices.
The group demanded $5 million for Hershey’s. It claims to represent the sale of special lease peanut butter products in Florida over the past three years.
What did Hershey say? “Reasonable customers” are not fooled.
In September 2024, Hershey asked the court to dismiss the case, claiming that the customer was not actually injured by the chocolate purchase.
Hershey’s claims the customers got “the exact thing they paid” – says Reese’s chocolate “was “flawed, inedible or lacking the delicious flavor it was expected.”
Hershey added that “reasonable customers” won’t be fooled by chocolate, especially as the “decorative proposal” disclaimer is featured in each bag of special Reese peanut butter chocolate on each court document.
To promote that point, Hershey outlined how Reese’s peanut butter pumpkin bags draw how to chew pumpkin chocolate.
“After all, no consumer will act reasonably in every court document to purchase the huge chunks of food that Hershey argued.
Hershey’s did not immediately respond to comments when contacted by USA Today on Thursday, September 25th.
What happens next?
In her ruling, Damian said the plaintiff could file an amended complaint.
For now, Reese’s peanut butter pumpkin, ghost and other chocolates will not change in taste or design.
Gretacross is a national trend reporter for USA Today. Story ideas? Please email her gcross@usatoday.com.
