Hershey’s Legal Battle Against Class Action Lawsuit

By Jonathan Stempel

Hershey urged a U.S. judge to dismiss a lawsuit accusing the company of misleading consumers regarding Reese’s peanut butter candy packaging. The lawsuit originated in Fort Lauderdale, Florida, where Hershey argued that no reasonable consumer would believe that their Halloween and Christmas-themed candies contained the intricate designs depicted on the packaging.

The lawsuit, brought by four plaintiffs, cited disappointment regarding the appearance of nine Reese’s products, including pumpkin-shaped candies and a football-shaped candy that did not meet expected visual details.

Hershey asserted that the plaintiffs failed to recognize disclaimers stating that decorative details were merely a “DECORATING SUGGESTION,” emphasizing the unreasonableness of focusing solely on specific images as guarantees of product appearance.

In their defense, Hershey expressed concern over the growing trend of class-action lawsuits based on subjective interpretations of product packaging. They claimed that none of the plaintiffs asserted the candy was unfit for consumption. Lawyers for the plaintiffs had no immediate comment on the filings.

The plaintiffs are seeking at least $5 million in damages. This case is officially titled Vidal et al v Hershey Co, and is being heard in the U.S. District Court, Southern District of Florida.

Summary

Hershey seeks dismissal of a lawsuit alleging misleading packaging of Reese’s candies, arguing consumer expectations were unreasonable and highlighting a trend of baseless class actions.