The lawsuit’s been widely covered so usually I wouldn’t bother linking, but there’s been mockery over it, and the mockery is wrong.

Just look at the picture.

Almost anything you buy, the picture on the package is prettier than what’s inside, but the imagery on these candy wrappers is PhotoShop BS, a flat-out lie.

I stand with Cynthia Kelly, and hope Hershey pays her the $5M she’s asking.

Original link

Dec 29 (Reuters) - Hershey has been sued by a Florida woman who said its holiday-themed Reese’s peanut butter candies lack the artistic details shown on the packaging that make them worth buying.

In a proposed federal class action filed on Thursday and seeking at least $5 million, Cynthia Kelly accused Hershey of deceiving reasonable consumers by falsely promising that its candies would contain “explicit carved out artistic designs.”

She said she would not have paid $4.49 in October at an Aldi for a bag of Reese’s Peanut Butter Pumpkins, had she known that the candies not only lacked the “cute looking” carved eyes and mouth shown on the packaging, but any carvings at all.

The complaint said Hershey’s labels “are materially misleading and numerous consumers have been tricked and misled by the pictures on the products’ packaging.”

It cited several videos on Google’s YouTube, and included illustrations such as a Reese’s Peanut Butter footBall shaped like a football, but missing the laces shown on the packaging.

Hershey did not immediately respond on Friday to requests for comment. Kelly’s lawyer did not immediately respond to a similar request.

The plaintiff filed her lawsuit in the federal court in Tampa, Florida.

She is seeking damages for Florida purchasers of Reese’s Peanut Butter Pumpkins, White Pumpkins, Pieces Pumpkins, Peanut Butter Ghost, White Ghost, Peanut Butter Bats, Peanut Butter footBalls and Peanut Butter Shapes Assortment Snowmen Stockings Bells for violations of that state’s consumer protection laws.

Kelly’s lawyer has also filed lawsuits accusing Burger King and Taco Bell of selling food that when served looks less enticing than advertised.

The case is Kelly v Hershey Co, U.S. District Court, Middle District of Florida, No. 23-02977.

  • player2@lemmy.dbzer0.com
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    11 months ago

    Neither do it, it’s more about enforcing federal label laws and truth in advertising. Why let corporations lie when they could simply be truthful? If we allow them to lie a little this year, they will lie more next year. That’s how product packaging used to be until these things were actually enforced.

    I’m not even saying that Reeces deserves to lose this case, but I think it is fair for a judge to rule on it because it does seem deceptive.

    • Sorgan71@lemmy.world
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      11 months ago

      well if they lie in a manner thats substantial then we can sue them. But this is such a small issue its akin to suing a restraunt because their was hair in your food. Like i get its not ideal buts thats life. Small things should stay small.