Hershey's Is Facing a $5B False Advertising Lawsuit

Hershey's Is Facing a $5B False Advertising Lawsuit

News by Vianca Meyer
Published: December 29, 2023

A Florida woman has initiated a federal lawsuit against The Hershey Company, alleging deceptive advertising practices.  

Cynthia Kelly, from the Tampa area, is seeking a staggering $5 billion in damages, claiming that the company's autumn and winter-themed Reese's products were misleadingly represented on their packaging.  

Source: Hershey's class action complaint

Kelly's lawsuit, filed with Florida's Middle District Court, targets a range of Reese's products including their Peanut Butter Pumpkins, Ghosts and Bats.

According to Kelly, the candies lack the facial features depicted on the packaging, such as mouths and eyes.

"Hershey's labels for the Products are materially misleading and numerous consumers have been tricked and misled by the pictures on the Products’ packaging," the lawsuit claims.

The complaint, which includes a gallery of photos contrasting the packaging with the actual products, emphasizes the disparity between the two.

Not Hershey's First Legal Challenge

This lawsuit is not Hershey's first brush with legal challenges.

In 2022, the company faced a lawsuit over claims of harmful levels of metal in its dark chocolate products. Christopher Lazazzaro alleged that Hershey's products contained unsafe quantities of lead and cadmium, a claim supported by a Consumer Reports study.

This time, Delray Beach-based attorney Anthony J. Russo is not just seeking financial compensation. Hershey is urged to correct its packaging, highlighting the thousands allegedly harmed by these discrepancies.

With Judge Charlene Edwards Honeywell presiding, the outcome could set a precedent for how companies depict their products in the future.

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