New York
CNN
—
Cynthia Kelly thought she was shopping for Halloween-themed Reese’s Peanut Butter Pumpkins with a “cute” carving of a pumpkin’s mouth and eyes, as pictured on the product’s packaging.
However when she opened it, she was horrified to search out that there was no pumpkin carving in any respect. It was only a regular-looking piece of chocolate.
Now, Kelly has filed a lawsuit in opposition to Hershey, the maker of Reese’s, alleging the corporate falsely represented a number of of its holiday-themed merchandise on packaging: Reese’s Peanut Butter Pumpkins, White Pumpkins, Items Pumpkins, Peanut Butter Ghost, White Ghost and others.
Kelly “wouldn’t have bought the Reese’s Peanut Butter Pumpkins product if she knew that it didn’t have the detailed carvings of the mouth and/or eyes as pictured on the product label,” the lawsuit says.
The lawsuit, filed in federal court docket in Florida, seeks class-action standing on behalf of “quite a few shoppers [who] have been tricked and misled by the images on the Merchandise’ packaging.”
Hershey declined remark to CNN on the go well with.
Hershey joins a rising list of food brands sued for false advertising, together with Taco Bell, Wendy’s, McDonald’s, Burger King and Arby’s. These corporations use adverts that don’t match up with their precise meals, the fits allege.
The lawyer for the Hershey go well with, Anthony Russo, has led this effort.
For a decide or jury to aspect with the plaintiffs in false promoting claims, attorneys should efficiently make the case that the adverts would trick a “affordable client.”