Hershey (HSY.N) faces a renewed, larger lawsuit claiming it misled consumers about the artistic detail on several Reese’s peanut butter candies after opening the packaging.
On Friday, four Reese’s consumers in southern Florida filed a proposed class action, stating they felt “very disappointed” that the candies they bought late last year looked plain and lacked the “explicit carved out artistic designs” shown on the packaging.
The plaintiffs said they would not have bought the candies had they known they would be unadorned. The nine candies included several with Halloween and Christmas themes, Reese’s Peanut Butter footballs, and Reese’s Medals.
Photos in the complaint showed pumpkin-shaped candies missing the advertised eyes and crooked mouths, and a football-shaped candy resembling an egg due to its lack of stitching.
Hershey and its lawyers did not immediately respond to requests for comment. Nathan Vidal, Debra Kennick, Abdjul Martin, and Eduardo Granados filed the lawsuit in the Fort Lauderdale, Florida federal court, seeking at least $5 million.
Their lawyer had previously filed a similar, narrower lawsuit in Tampa, Florida in December on behalf of one plaintiff but voluntarily dismissed that case on Friday. He has also filed lawsuits against Burger King (QSR.TO) and Taco Bell (YUM.N), accusing them of selling food that looked less appealing in person than in advertisements.
The case is Vidal et al v Hershey Co, U.S. District Court, Southern District of Florida, No. 24-60831.
