Hershey Fights Back Against Lawsuit Over Reese's Candy Packaging
Hershey seeks dismissal of a lawsuit claiming misleading packaging for Reese's candies. The company argues that reasonable consumers wouldn't expect exact replicas of package images.
The Hershey Company, a renowned chocolate manufacturer founded in 1894, is currently embroiled in a legal dispute over the packaging of its popular Reese's candies. On September 4, 2024, the company filed a request in a Fort Lauderdale federal court to dismiss a lawsuit alleging deceptive packaging practices.
The lawsuit, filed by four consumers, claims that Hershey's misled buyers with its Halloween and Christmas-themed Reese's products. The plaintiffs expressed disappointment with the appearance of nine Reese's items, including pumpkin-shaped candies lacking detailed features and a football-shaped candy resembling an egg due to the absence of stitching.
In its defense, Hershey argues that no reasonable consumer would expect the candies to precisely match the "explicit carved out artistic designs" depicted on the packaging. The company points out that the packaging includes disclaimers stating that such details are merely a "DECORATING SUGGESTION."
Hershey criticizes the lawsuit as part of a growing trend of "baseless class actions" based on selective interpretations of product packaging. The company emphasizes that none of the plaintiffs claim the products were unfit for consumption or deviated from the expected quality of the iconic brand.
This case is part of a broader pattern of consumer class actions targeting product packaging claims. Similar lawsuits have challenged assertions about products being "all-natural" or containing specific quantities of particular ingredients.
It's worth noting that Reese's Peanut Butter Cups, created by former Hershey's employee H.B. Reese in 1928, have become the top-selling candy brand in the United States. The Hershey Company, which acquired H.B. Reese Candy Company in 1963, has grown to be the largest chocolate manufacturer in North America, with operations in over 60 countries.
The plaintiffs, Nathan Vidal, Debra Kennick, Abdjul Martin, and Eduardo Granados, are seeking damages of at least $5 million. As the case unfolds, it highlights the ongoing debate surrounding product packaging and consumer expectations in the confectionery industry.
"This lawsuit is yet another in a growing trend of baseless class actions founded on nothing but a consumer's selective, subjective, and result-driven interpretation of one isolated aspect of a product's packaging without considering its full context."
While the legal battle continues, Hershey remains a significant player in the chocolate industry, producing over 65 million Hershey's Kisses daily and attracting millions of visitors to its Hersheypark theme park annually. The outcome of this case could potentially impact how companies approach product packaging and marketing in the future.
