A woman has filed a $5 million lawsuit in a Florida court against The Hershey Company, alleging that they sold her some Reese’s Peanut Butter Cups for Halloween without the design on the packaging. The New York Post reported that the packaging was supposed to feature an image of a pumpkin with eyes and a smile. The woman claims that the labels on the products are misleading and many consumers have been deceived by the images.
According to CNN en Español, the lawsuit also alleges that other products, such as Reese’s Peanut Butter Pumpkins, White Pumpkins, Pieces Pumpkins, Peanut Butter Ghost, and White Ghost, were falsely represented with Christmas packaging. The woman, identified as Cynthia Kelly of Tampa, says she would not have purchased the Reese’s Peanut Butter Pumpkins product if she had known that it did not have the detailed mouth and/or eye sizes as shown on the label.
The lawsuit further states that not only pumpkin shapes appear in the court document, but also ghosts, bats, soccer balls, snowmen, and bell-shaped candies, several of which were photographed for its filing.
The lawsuit describes itself as a class action against Hershey for allegedly falsely representing various Reese’s peanut butter products as containing explicitly carved artistic designs, when in fact there are no such carvings on the products. Hershey has not yet commented on the lawsuit.