Hershey class action claims Reese’s themed products falsely advertised

Reese’s class action lawsuit overview:

• Who: A group of consumers filed a class action lawsuit against The Hershey Co.
• Why: The plaintiffs allege Hershey falsely advertised its Reese’s themed products by depicting them as having carved designs when they do not.
• Where: The Reese’s class action lawsuit was filed in New York federal court.

A new class action lawsuit alleges Hershey falsely advertised that its Reese’s themed products contained carved artistic designs when they did not.

Reese’s themed products include Reese’s Peanut Butter Pumpkins, Reese’s White Pumpkins, Reese’s Peanut Butter Ghosts, Reese’s White Ghosts, Reese’s Peanut Butter Bats, Reese’s Peanut Butter footBalls, Reese’s Medals, Reese’s Pieces Pumpkins and Reese’s Peanut Butter Shapes.

Lead plaintiff Jaimie Lane claims Hershey’s packaging for these products misled consumers by showing detailed carvings that were not present on the actual candies.

Hershey’s deceptive packaging induced consumers to purchase the themed products because they highly valued and wished to buy Reese’s products containing the advertised carved designs, the Reese’s class action alleges.

The plaintiffs claim they would not have purchased the themed products, or would have paid less for them, if the products had been truthfully advertised on the packaging and wrappers.

Packaging ‘materially misleading,’ Reese’s class action alleges

The Hershey class action lawsuit says the company’s packaging was “materially misleading,” causing consumers to believe they were purchasing candies with carved designs.

The plaintiffs point to several YouTube videos where consumers expressed disappointment upon discovering that the candies did not match the images on the packaging.

Hershey’s decision to change the packaging in or around 2021 to include carved designs was a deliberate attempt to mislead consumers and boost sales, the plaintiffs allege.

They claim the company knew or believed that consumers would be drawn to the attractive carved designs and would be willing to pay a premium for such products.

The plaintiffs argue that Hershey’s misleading packaging caused them and other consumers to pay a premium for the themed products, which were sold at similar price points to Reese’s standard Peanut Butter Cups but contained significantly less candy by weight.

The lawsuit argues that consumers acting reasonably would not have paid the same price for 7.2 ounces of candy that they would pay for 9 ounces of candy unless the smaller candy had an additional attribute, such as carved designs, that was highly valued by the consumers.

The plaintiffs assert claims for violations of consumer protection laws in New York, Pennsylvania, Massachusetts, Rhode Island, Oregon and Washington, D.C.

In another class action, Hershey was sued over allegations its wrappers contain unsafe levels of per- and polyfluoroalkyl substances, commonly known as “forever chemicals.”

Do you believe you were misled by Hershey’s Reese’s themed products packaging? Join the discussion in the comments.

The plaintiffs are represented by Alexander H. Schmidt of Alexander H. Schmidt Esq.

The Reese’s class action lawsuit is Lane, et al. v. The Hershey Company, Case No. 1:26-cv-824, in the U.S. District Court for the Eastern District of New York.

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