Hershey Sued for $5 Million over Misleading Packaging for Holiday Candies


  • Cynthia Kelly has filed a class action lawsuit against Hershey, accusing them of false advertising regarding the design of their candies.
  • The lawsuit is seeking damages of at least $5 million and has been filed in a federal court in Tampa, Florida.
  • Kelly claims she would not have purchased Reese’s Peanut Butter Pumpkins had she known they lacked the promised artistic designs.
  • Hershey has yet to comment on the accusations.
  • Kelly is seeking recompense for Florida purchasers of specific Reese’s products due to alleged contraventions of the state’s consumer protection laws.
  • Kelly’s lawyer has previously filed suits alleging similar misconduct against Burger King and Taco Bell.

Lawsuit Allegations

Cynthia Kelly has initiated a federal class action against Hershey, seeking a minimum of $5 million, alleging deceptive advertising practices. The accusation is centred on claims that Hershey’s candies do not feature the “explicitly designed” features that are indicated on the packaging.

Kelly stated that if she had known the candies, specifically Reese’s Peanut Butter Pumpkins, lacked not just the “cute” augmented features displayed on the packaging but any designs at all, she would not have purchased the product for $4.49 at an Aldi in October.

Misleading Labels

The complaint alleges that the labelling on Hershey’s products is materially misleading and has deceived numerous consumers. Evidence cited includes videos on Google’s YouTube and illustrations showing packaging discrepancies, such as a Reese’s Peanut Butter Football candy without the laces displayed on the packaging.

No statements have thus far been issued from either Hershey or Kelly’s lawyer in response to the allegations.

Florida Laws Against Consumer Deception

The lawsuit was lodged at a federal court in Tampa, Florida. Kelly aims to win damages for Florida purchasers of several Reese’s products, alleging a breach of the state’s consumer protection laws.

Kelly’s attorney has also lodged legal complaints against Burger King and Taco Bell for allegedly selling meals that look less appealing when served than as advertised.

The case is registered as Kelly v Hershey Co (NYSE:), U.S. District Court, Middle District of Florida, No. 23-02977.

In terms of forex trading, a lawsuit like this could potentially have a significant influence on Hershey’s stock value, depending on the lawsuit’s outcome and any potential damage to the company’s reputation. Traders should keep an eye on updates regarding this case.

PIP Penguin