Hershey Adds Disclaimer to Reese's Pumpkins After Packaging Lawsuit

The Hershey Co. has updated the packaging for its Reese’s Peanut Butter Pumpkins with a new disclaimer stating "Carving not on actual product." This change follows a class-action lawsuit filed by two Florida consumers who alleged that the images on the packaging were misleading because the candy itself did not feature the decorative carvings shown.

The updated disclaimer appears in small text on both the front and back of the packaging. It replaces the previous wording, which read, "Decorating Suggestion."

This modification comes after a U.S. District Court judge in Miami dismissed the lawsuit. Judge Melissa Damian ruled that the plaintiffs, Nathan Vidal and Eduardo Granados, lacked the legal standing to claim they had overpaid for the candy. The consumers had argued that they purchased the Reese's pumpkins for the novelty of their "cool and beautiful carved-out designs." However, the judge stated that the plaintiffs did not allege the candy was defective or worthless, and their injury was merely "subjective disappointment."

Hershey had contended in court filings that the packaging clearly indicated the pictured carvings were a "decorating suggestion." The lawsuit's dismissal marks a victory for the company in a case that questioned the product's visual representation.

This is not the first time the company has faced legal challenges regarding its packaging. An earlier version of the lawsuit was dismissed by the same judge in September.

Hershey recently introduced over 20 Halloween-themed products in anticipation of the upcoming holiday season.