Hershey is sued over lack of artistic detail on Reese's candies

[BumRushDaShow]

Source: Reuters

December 29, 2023 5:55 PM EST


Dec 29 (Reuters) - Hershey (HSY.N) 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.

Read more: https://www.reuters.com/legal/hershey-is-sued-over-lack-artistic-detail-reeses-candies-2023-12-29/

[hlthe2b]

1. Oh, brother...

I wish that were the most important thing for ANYONE to worry about.

[niyad]

41. Exactly!

[Rebl2]

66. Agreed

[Hassin Bin Sober]

83. I bet the attorneys are also suing other people/companies. I'm sure of it.

They might sue you for this post.

[MorbidButterflyTat]

109. That's funny!

[RobinA]

105. Truly!

I'm sitting here worrying every single day about whether Trump is going to take over the country and she's worried about lines in a candy pumpkin?

[TwilightZone]

2. She should be laughed out of court.

And then required to pay legal fees to Hershey's.

Some of the packages also show a bite already taken out. Did it disappoint her that someone else hadn't already had a nibble?

[stopdiggin]

3. my original thought too

but then I thought a second time ...
And, (deliberately) deceptive advertising and packaging IS a real thing ...
So - while I can't get too worked up over peanut butter cups ...

[BumRushDaShow]

4. The one thing that came to mind that always cracks me up about Reeses is this -

(yes that is sold)

[JoseBalow]

13. That shape on the left really isn't a mystery!

[BumRushDaShow]

14. LOL

[aggiesal]

45. I agree, it looks like Pendejo45! n/t

[paleotn]

87. Better known as quality rejects.

Globs produced at startup, shutdown and during mechanical failures. Hey! I know! Slap some chocolate on them and call them "mystery shapes!" Don't have to mark them down as seconds. Personally, I don't give a shit what they look like. They're still good.

[BumRushDaShow]

89. In other words

[paleotn]

92. Ha! Exactly.

[Arne]

5. I thought of this

[Marthe48]

23. My daughter gave me 2 foil wrapped Santas

They are staying wrapped! lol

I needed a good laugh, thanks!

[Skittles]

48. OMG

BWAHAAAAAHAAAAAAAA

[Al Gorhythm]

93. Kind of reminded me of this skit also

[Walleye]

6. I guess it would've been too radical an idea just to take them back to the store for a refund if unsatisfied

[MorbidButterflyTat]

110. But she had 5 million dollars

worth of pain and suffering.

[JoseBalow]

7. She's right

Hold corporations accountable

[Orrex]

8. Unfortunately, you got one modeled after the back of the jack o'lantern's head.

[JoseBalow]

11. They should carve a butt-crack

[70sEraVet]

20. Thanks for that! I laughed for a good five minutes!

[LudwigPastorius]

22. She's right, but she ain't 5 million dollars right.

[Renew Deal]

27. Let's sign up for the class.

[Rebl2]

33. Maybe it's

A representation of what you could do yourself with the these cute little pumpkin candies. Kind of like a do it yourself kit. They provide the Reese’s pumpkin, Santa or whatever candy and you make your own design.
Anyway I hope they laugh her out of court and she has to pay all court costs AND pay the candy company 5 million.

[Rebl2]

36. You are

Supposed to carve it yourself.

[XorXor]

102. She is "get a refund"right

Not so much a "get 5 million dollars" right.

[prodigitalson]

113. as trivial as this may be in this crazy world of our...looking at that picture she may have a legit case

[Angleae]

9. The jury should award her $4.49

[Shermann]

60. But but what about mental distress?? nt

[jimfields33]

79. 25 cents

[ProfessorGAC]

104. Boy, You're Generous

I was going to say a nickel.

[madaboutharry]

10. The picture on the package and the product inside look nothing alike.

This is the thing, most people understand that food photography is a complete con. Food rarely looks like the fake food in the photo.
But here there is something more serious. The candy inside lacks all the characteristics of the image on the packaging.
As trivial as it may seem, this could be determined to be deceptive advertising. And that is no small matter.

[TwilightZone]

17. Nah.

The bagged ones show a realistic version of the candy (in addition to the cut-out one) that looks pretty much exactly like the actual candy.

https://democraticunderground.com/10143173722#post16

[Renew Deal]

28. The complaint is slightly different from "fake food"

Her complaint is that the picture is not the same product that is in the package. That's different from a hamburger that looks juicy or a taco that looks perfectly assembled.

[madaboutharry]

30. That's my point.

That is exactly what I said.

We accept that the photo on packaging is the result of food photography which actually is a genre of professional photography.

In this case, the product is alleged to not be the same product advertised on the packaging. That is why I think there is a case to be made.

[Renew Deal]

31. I agree

I'm actually surprised so many DUers are on board. I think she might have a chance at winning considering our skeptical group gets it.

[Rebl2]

34. Nope

[Renew Deal]

72. Thank you for the substantive response

lol

Nope to what? And why?

[RobinA]

106. Oh Please!

What are her damages. I bought that pumpkin once. First of all, it's a drawing, second of all it's a Reese's Cup. I ate mine before I could make to a lawyer's office. Plus, if you still think products look like their pictures you are going to have a hard time in life.

[Renew Deal]

107. Winning the case and damages are different things.

I think she has a case because the item on the package isn't the item in the bag. Is it worth millions or even hundreds? Not sure.

[radius777]

114. Agree. The case seems stupid until

one looks at the facts - the company is clearly misrepresenting its product in order to boost sales.

[Ferrets are Cool]

46. Have you ever gotten a fast food burger that actually looked like the advertisement?

[XanaDUer2]

12. Deceptive

Minor, but still deceptive

[Demovictory9]

56. Yes..the Christmas trees look like lumps

[Beakybird]

15. I think this lawsuit is justified. It's false advertising.

A reasonable person would conclude that the candies look like they do on the packaging. No one would conclude that a candy with a bite mark on the packaging would mean that the candy inside also has bite marks.
A class action suit, if successful, will probably mean that hundreds of thousands of people will get a $7 check in the mail in about three years.

[TwilightZone]

16. The candies do look like they appear on the package.

The bag ones show both a cut-out version and a more-realistic version. The candies themselves look pretty much exactly like the realistic version shown on the package.

Some of the individually-wrapped ones show the cut-outs, but she clearly bought a bag, based on her statement.



?c=2

[Bayard]

75. She's lucky

If all of the pieces were carved like a jack-o-latern, she'd be getting less chocolate.

[Rebl2]

35. Nope

[relayerbob]

39. NO reasonable person would expect that

It's a cutesy picture. I suppose you would sue because the candy Christmas trees are misshapen and don't look like real trees. These sorts of frivolous lawsuits should be banned outright. She wants her money back, then she can get the $4.49 and start dealing with REAL problems. Assuming she hasn't already eaten all of the evidence

[Ocelot II]

51. But what are the damages? If you buy some candy that doesn't look like what's on the package,

but contains the listed ingredients, tastes like you expect it to taste, and isn't adulterated or inedible or otherwise defective, how are you harmed? What, my candy isn't as cute as its pictures? Maybe it's technically false advertising, but the harm is de minimis.

[JohnnyRingo]

65. I think the harm is she felt she paid a premium for cute little pumpkins

as depicted on the bag.
Had she known the product was other than shown on the bag, she might have opted for Skittles or M&Ms.

Although I wouldn't expect M&Ms to have arms, coy smiles, and sexy boots, the candy itself is depicted properly. Reeses didn't do that from what I've seen.

[ExWhoDoesntCare]

96. She didn't pay a premium

The price for the holiday Reese's are the same as for the regular ones.

[live love laugh]

18. Wants something for nothing. Definitely a Republican.

[vanamonde]

19. Here's a story

I remember seeing this in Reader's Digest back in the 70's, when there were lots of Vietnamese refugees here. A family went shopping, saw a large can of Crisco with a picture on the side of delicious looking, perfectly browned, pieces of fried chicken.
They assumed that's what was inside, were quite disappointed when they opened it at home.
Shoulda sued....

[littlemissmartypants]

57. Your lock didn't work, apparently. eom

[True Dough]

58. I have contacted my lawyer

I plan to file a class-action lawsuit over this false "locking" claim.



Happy New Year, littlemissmartypants!

[littlemissmartypants]

88. Happy New Year to you too True!! ❤️

[70sEraVet]

24. The sad truth is, unless there is the threat of lawsuits like this,

big corporations will use ANY advertising gimmick to sucker us into buying their product. Think cigarette ads in the '50's -- " More doctors smoke Camels!"
Keep them on their toes, Miss Kelly!

[Roy Rolling]

29. Doctors and Science Defeated Tobacco...Lawyers mopped up

Last edited Sat Dec 30, 2023, 02:04 AM - Edit history (1)

The link between smoking and lung cancer was unknown until the mid 1960s. Corporations weren’t affected by lawsuits, they had the “court of public opinion” on their side from decades of powerful marketing schemes.

Smoking was everywhere in 1950s American TV, movies, and society. It was cool. At least as portrayed in the ‘30s, ‘40s, ‘50s, and ‘60s. And it worked, out was a genius marketing campaign. I’m sorry, smoking is cool. 😂 lifetime non smoker)

But first science determined tobacco was a killer, so now companies were on notice. And then a distant friend of mine Wendell Gautier sued tobacco companies and made it expensive for them as 70sEraVet posted. But it was medical science that gave the law teeth for lawyers to swoop in and devour their prey.

[relayerbob]

38. Oh bullshit

Comparing this to smoking is utterly ridiculous. THEY ARE PEANUT BUTTER CUPS, not harmful in any way, unless you are allergic to peanuts. And anyone who thinks that ads AREN'T design ed to entice us to buy something, is naive beyond belief.

[madinmaryland]

49. Thank you. End of discussion!

[XanaDUer2]

67. This nt

[Locrian]

101. yes

I know a lot of people think its petty and not worth the time...
I also know for a fact having worked for F50 corporations 35 years that they are EXTREMELY aware and focused on any "edge" or ways to cut costs, trick consumers, bend the rules, etc. Without some form of checks and balances we're all suckers ripe for the pickin.

Go Miss Kelly!

great article here on general "marketing"
https://www.pbs.org/wgbh/pages/frontline/shows/cool/rushkoff/coercion.html

[Progressive dog]

25. I hope her attorneys are charging by the hour.

I'm surprised any member of the bar would take on such a stupid case.

[Rhiannon12866]

26. And is any court willing to take this case?! Isn't she just going to eat them - or does this make them inedible?!

[TomSlick]

42. There is an old legal maxim "de minimus non curat lex" - the law does not concern itself with trifles.

That maxim has no application in modern law.

Hershey will pay an exorbitant amount of money to settle because that's cheaper than defending the case to trial. Settling class actions is just part of the cost of doing business in the USA.

Hershey's lawyers will defend the case for a while in an effort to try to control the settlement amount and to generate substantial billable hours.

The named Plaintiff, as the class representative, will get a little money for allowing her name to be used in the lawsuit and maybe appearing for a deposition. When the case settles, any consumers who go to the hassle to claim a share of the settlement will get a few cents, probably in the form of a coupon for the purchase of Hershey products. The bulk of the settlement money will go to the class attorneys. The costs to Hershey will be passed on to consumers.

[Rhiannon12866]

44. This seems to me to be too trivial for words. Isn't she just going to eat it?

Will it taste different if the pumpkin face looks more "realistic?" But thanks for the explanation. And next Halloween this litigant, like the rest of us, will just end up paying more.

[Silent Type]

32. I'd pay $4.49 for a bag. Her damages are nil.

[Beakybird]

40. I can't believe how lacking in compassion the people here are!

This woman is going through a lot of pain and trauma. For some, getting an undecorated chocolate is like losing a loved one.

[relayerbob]

43. Next up: Movies that suck

Hey, that ad said the movie would be good, but I didn't like it. Same with that TV show! And did you know not one of Judas Priests members are priests????? The Sex Pistols albums don't contain any weapons, WTF? Oh, while we're at it, let's sue every food establishment ever, none of it looks as good as on the ad and in the menu.

This whole thing is Cynthia Kelly screaming, "I want to talk to the manager!!!!". Dear Cynthia, are you sure your name isn't Karen?

[Skittles]

47. to be fair

imagine if what was inside was always accurately depicted outside

[IronLionZion]

50. I'm going to sue that buffalo wings don't actually come from buffalos

and that boneless wings aren't wings at all. In fact, there is no egg or cream in a New York egg cream either. Everything is a lie.

Sue Mexico to pay for the wall the same way Trump paid the legal fees of his supporters in jail

[mobeau69]

52. Buffalo wings are to Buffalo (NY) as Philly cheese steaks are to Philadelphia (PA).

[IronLionZion]

68. I'm suing that Cheese Whiz isn't real cheese and isn't made by real wizards

[LeftInTX]

73. It's Cheez Whiz...LOL They got it covered!

[IronLionZion]

82. They're covering us with maltodextrin, canola oil, sodium phosphate, sodium alginate, mustard flour

and more stuff that isn't from a cow.

[Phentex]

78. Diet Coke contains no Coke!

[IronLionZion]

81. Yes! put the cocaine back in so we can all have a good time

Which explains why old people walked through deep snow uphill both ways to and from school.

[dchill]

53. Eat 'em and weep.

[EllieBC]

54. If she doesn't want them I'll take them.

While reading this thread I went to find a late night treat.

Alas, we are out of Reese’s.

I’ll take hers if they are so aesthetically displeasing to her.

[MacKasey]

55. "Florida Woman" says it all

[IronLionZion]

69. There must be something in the water in that state

[Sky Jewels]

95. Alligator pee?

[Deminpenn]

59. Spencer Sheehan specialty

Back in Oct, the New Yorker magazine did a profile of him. This kind of class action lawsuit is his specialty.

https://www.newyorker.com/magazine/2023/09/11/the-lies-in-your-grocery-store

[Shermann]

61. The fast food industry has been guilty of this since Day 1

[rpannier]

62. Is her attorney Arnold Ripner or Lionel Hutz?

The character Arnold Ripner, well played by Alex Henteloff in the series Barney Miller, was an ambulance-chasing attorney who often showed up at the precinct to represent a client, sometimes he'd show up looking to see who had been arrested in order to drum up business.

Lionel Hutz is the Simpsons

[twodogsbarking]

63. Our store had buy one bag of Resse's Cups and get two free. Thanks Reeses.

Last edited Sat Dec 30, 2023, 11:04 AM - Edit history (1)

They are round, like on the wrapper.

[NickB79]

64. Who takes the time to admire a Reese's before eating?

What, do the little faces change the taste?

[Emile]

70. My nephew works for Hershey and I sent him

the link you posted. Here is his reply:

Maybe I should ask for 20 million, for no life and having made me work with cockroach.
(Cockroach is a coworker who he almost came to blows with)

Shit like this goes on all the time with Hershey. They have their own personal lawyers.

Stories run loud for awhile then quietly disappear. She will properly get paid off, but doubt 5 million.

[ificandream]

71. Somebody's got a little too much money ...

[Kid Berwyn]

74. If she succeeds, I'd like her lawyer to look into shrinking content.

I buy stuff and the box is the same as before, but the contents are a lot less.

One example: Nabisco Golden Graham Crackers. The cardboard box is big as it ever was, yet the crackers inside — three packages of about 8 crackers each — have shrunk by about 25%, going by length and width. There’s so much room, they slide around the box.

Another example, Captain Crunch. Big box, little box — always a half-empty bag inside.

This. Makes. Me. Sad.

[XanaDUer2]

76. And they're allowed to do it

I've noticed shrinking good everywhere. Zaxbys had large, large chicken fingers. Much smaller now

[TexasBushwhacker]

91. She filed it herself

I hope she's fined for filing a frivolous lawsuit

[Darwins_Retriever]

77. What about the chocolate coming off on the cup wrapper

Huh. It is a rarity that some of the chocolate does not come off on the cup.

[dobleremolque]

80. Just for 24-hours, I'd like to know what it feels like

to have more money than good sense.

[Nittersing]

84. Found this in my freezer

Not sure how old it is....

[Hermit-The-Prog]

85. "[R]easonable consumer" seems a bit of a stretch in this case.

[doc03]

86. What about those tv pictures they show at McDonalds? Their food looks

nothing like that in real life.

[AllaN01Bear]

90. snork

[twodogsbarking]

94. My gummie bear does't look wild enough and I am pissed.

[Vinca]

97. Florida woman needs to go in search of a life.

[hunter]

98. Hershey forgot the usual "serving suggestion" disclaimer you see on other packaged foods.

Does anyone actually pour Elmer's School Glue on their breakfast cereal instead of milk?

https://petapixel.com/2016/03/24/photos-show-secret-tricks-food-photography/

[Conjuay]

99. who knows a good shyster lawyer?

I have not yet found ANY moon in my ‘Moon Pies’.

[BumRushDaShow]

100. Well if you look at one edge on

it could be considered to look like a typical bent-over "moon" from someone!

(sorry - still too early in the morning )

[Mosby]

103. Artistic license

Link to tweet

[jgmiller]

108. Consider this...

If an art museum has a big sign that says "Come in and for the price of your ticket you will see amazing works of art" and you go in and you think every piece of art is horrible is that false advertising?

I'm not saying candy is art but it's the same concept of that the inside is not what you expected. If this were a product that was functional other than consumption as food then sure this is false advertising but this is just silly.

[jmowreader]

111. She wouldn't have paid $4.49 a bag if they had detail

These are made on an enrober. The process is to use a machine to stamp out peanut butter in festive shapes then feed the shapes through a “curtain” of chocolate that coats them. It gives you a totally usable product that…well, looks like a funny shaped blob.

They COULD individually mold each one’s chocolate envelope, fill the envelopes with peanut butter and cover the backs with more chocolate, the way mass produced bonbons are made, but the price would go WAY up. Think 75 cents to a dollar per piece rather than $4.49 for 12 ounces of them.

[question everything]

112. How idiotic can people be?

No wonder the rest of the world is laughing at us.

But then jury can award 145 million..