By Jonathan Stempel
(Reuters) – Hershey is facing a new, larger lawsuit alleging it misled consumers about the amount of artistic detail they would find on several Reese’s peanut butter candies after opening the package.
In a proposed class action on Friday, four Reese’s consumers in south Florida said they were “very disappointed” that the candies they bought late last year looked plain and lacked the “explicit cut-out artistic designs” that appeared on the packaging .
They all said they wouldn’t have bought anything if they had known the sweets would be unadorned.
The nine candies included several with Halloween and Christmas themes, as well as Reese’s Peanut Butter footBalls and Reese’s Medal.
The photos in the complaint showed pumpkin-shaped candies missing the advertised eyes and crooked mouths, and a football-shaped candy that resembled an egg because it lacked stitching.
Hershey and his attorneys did not immediately respond to requests for comment.
The lawsuit was filed by Nathan Vidal, Debra Kennick, Abdjul Martin and Eduardo Granados in federal court in Fort Lauderdale, Florida and seeks at least $5 million.
Their attorney filed a similar, more limited lawsuit in Tampa, Florida, on behalf of one plaintiff in December, but voluntarily dismissed that case on Friday.
He has also filed lawsuits accusing Burger King and Taco Bell of selling food that did not look as good as what was advertised when served.
The case is Vidal et al v. Hershey Co, US District Court, Southern District of Florida, No. 24-60831.
(Reporting by Jonathan Stempel in New York; Editing by Bill Berkrot)
