Current:Home > MyHershey sued for $5M over missing 'cute' face on Reese's Peanut Butter Pumpkins-Angel Dreamer Wealth Society D1 Reviews & Insights
Hershey sued for $5M over missing 'cute' face on Reese's Peanut Butter Pumpkins
View Date:2024-12-24 00:31:45
A bit of dressing-up in product advertising is to be expected, but how much embellishment do we allow before we call it a lie?
That's the question at the center of Florida woman Cynthia Kelly's lawsuit against The Hershey Company, which makes Reese's Peanut Butter products.
Kelly alleges she bought the company's "cute looking" Peanut Butter Pumpkins with a jack-o'-lantern wrapping in October, believing that the candy in question would match the picture — only to feel tricked, not treated.
"This is a class action against Hershey for falsely representing several Reese's Peanut Butter products as containing explicit carved out artistic designs when there are no such carvings in the actual products," the lawsuit states.
"In order to boost sales and revenues of the Products, Hershey's changed the packaging for the Products to include the detailed carvings within the last two to three years."
The suit claims that the problematic packaging extends to Reese's seasonal ghosts, bats and pumpkins, and it cites a number of YouTube videos of other people complaining.
Hershey declined to comment when contacted by NPR.
It is yet to be determined whether the case will make it past a judge, and Kelly is seeking at least $5 million in damages. While that may sound steep for a piece of candy, Anthony Russo — who is representing the case — said that this number is a necessary reality check.
"Today, it's a $2 item — tomorrow it's your vehicle, the next day it's your home," he told NPR. "It could be your life savings or your nest egg that you're saving for your retirement. It could be anything if it is not kept under control."
Hershey joins a growing list of food brands being sued for false advertising. Taco Bell, Starbucks, McDonald's and Subway have all battled claims in recent years.
Russo's firm is also representing the plaintiffs in a class action suit against Burger King, claiming that the company uses misleading advertising to represent its food items as larger than they are.
Russo said his firm receives around 100 calls a month for these types of cases.
"Some are a little wacky, to be honest with you. We probably take, you know, less than 1%," he said.
Russo added that American consumers used to be able to buy things with confidence, but the modern squeeze for profits has come at the expense of the quality of some products.
"And that's really what is at the base of all our lawsuits, and our crusade is that we're consumer justice attorneys."
veryGood! (19265)
Related
- Judge sets April trial date for Sarah Palin’s libel claim against The New York Times
- Facebook bans 7 'surveillance-for-hire' companies that spied on 50,000 users
- Thousands of Americans still trying to escape Sudan after embassy staff evacuated
- Thousands of Americans still trying to escape Sudan after embassy staff evacuated
- Brands Our Editors Are Thankful For in 2024
- Judge allows Federal Trade Commission's latest suit against Facebook to move forward
- The Bear Teaser Reveals When Season 2 Will Open for Business
- Anzac Day message from Australia leader calls for bolstered military with eye on China
- FBI offers up to $25,000 reward for information about suspect behind Northwest ballot box fires
- Pentagon considers sending contingent of troops to Port Sudan to help remaining American citizens amid war
Ranking
- The Best Gifts for Men – That He Won’t Want to Return
- Women Tell All: All of the Most Shocking Moments from The Bachelor’s Big Reunion
- Andy Cohen Teases Bombshell Vanderpump Rules Episode in Wake of Tom Sandoval Scandal
- Reneé Rapp Is Ready to Kiss or Lick Anybody to Get OG Mean Girls Cast to Return for Musical
- The ancient practice of tai chi is more popular than ever. Why?
- Vanderpump Rules Star Lala Kent’s Amazon Picks Include a $4 Must-Have With 20,600+ 5-Star Reviews
- If you're clinging to an old BlackBerry, it will officially stop working on Jan. 4
- FAA toughens oversight of Boeing's 787 Dreamliner
Recommendation
-
Michael Jordan and driver Tyler Reddick come up short in bid for NASCAR championship
-
Police document: 19-year-old Elizabeth Holmes reported sexual assault from Stanford
-
Eva Longoria Reveals the Secrets to Getting Her Red Carpet Glam
-
Elizabeth Holmes spent 7 days defending herself against fraud. Will the jury buy it?
-
What are the best financial advising companies? Help USA TODAY rank the top U.S. firms
-
See the Everything Everywhere All at Once Cast Reunite in Teaser for New Disney+ Series
-
Sudan fighting rages despite ceasefire calls as death toll climbs over 400
-
Sudan fighting brings huge biological risk as lab holding samples of deadly diseases occupied, WHO warns