A Tampa woman has filed a federal complaint against The Hershey Company, saying that its autumn and winter-themed Reese’s sweets were falsely represented because they lacked elements such as lips and eyes as seen on the box.
Cynthia Kelly filed a $5 billion lawsuit against the Delaware-based firm in Florida’s Middle District Court on Wednesday.
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 were among the products she claimed were included in her class-action suit.
“Hershey’s labels for the Products are materially misleading and numerous consumers have been tricked and misled by the pictures on the Products’ packaging,” according to the complaint.
The document contained a gallery of pictures comparing product packaging to actual shapes, such as the football shape, which Kelly claimed looked more like an egg. It proposed replacement packaging that was altered to provide more accurate depictions of the sweets it contained.
Kelley’s attorney, Anthony J. Russo of Delray Beach, cited links to YouTube videos depicting creators complaining about the lack of description on the chocolates in the lawsuit.”What are you doing, Reese?” the lawsuit said. “Take a look at the image on the packet. It’s like a pumpkin with faces and a mouth — then you open the packet and there’s that horror.”
Kelly said that the packaging differences had harmed thousands of people. She is asking the judge to require the corporation to alter its packaging in addition to the financial penalty.
The case has been assigned to Judge Charlene Edwards Honeywell.
The Hershey Company representatives did not immediately respond to WFTV’s request for comment.