Reese’s changes pumpkin candy packaging after lawsuit
Reese’s Peanut Butter Pumpkins are getting a tiny packaging makeover after a lawsuit alleging the candy didn’t look like the picture on the wrapper. The seasonal treats now carry a small disclaimer that reads “Carving not on actual product” beside an image of a pumpkin-shaped Reese’s decorated with jack-o’-lantern eyes and a mouth.
The wording appears on both the front and back of the packaging shown on Hershey’s official Hersheyland website. Previously, the package used the phrase “Decorating Suggestion.” The new wording leaves considerably less room for interpretation.
The problem was the missing pumpkin face
Two Florida consumers, Nathan Vidal and Eduardo Granados, sued The Hershey Company, arguing that the packaging misled them because the Reese’s pumpkins they purchased did not have the carved facial features shown in the product images. According to their lawsuit, the decorative designs were part of the appeal. The plaintiffs said they bought the candy for the novelty of its “cool and beautiful carved-out designs” and argued that the products cost as much as 25% more because of those features.
Their complaint eventually ran into a legal obstacle. U.S. District Judge Melissa Damian in Miami dismissed the proposed class-action lawsuit, ruling that the plaintiffs lacked legal standing to claim they had overpaid for the candy. From where she stood, their allegations amounted to subjective disappointment rather than a demonstrated financial injury.
The judge also noted that the plaintiffs did not claim the candy was defective, worthless, or stripped of all economic value because the decorative carvings were missing.
Hershey won the case
Hershey had argued that the packaging already described the pictured carvings as a “decorating suggestion,” according to court filings cited by Reuters. The judge dismissed an earlier version of the lawsuit last September before dismissing the proposed class action again.
The plaintiffs’ attorney, James Kelly, said his clients were disappointed with the ruling and planned to appeal. “Consumers in Florida deserve to get what they pay for, and it is troubling to see them left without protection,” he said.
Halloween candy has a packaging problem of its own
Reese’s is hardly the only brand that makes seasonal sweets look more elaborate on the wrapper than they appear in real life. Food photography and product illustrations are designed to make treats look appealing, and packaging often includes serving suggestions or decorative ideas that aren't part of what's inside.
But there is a difference between showing a candy beside festive decorations and illustrating the candy itself with features it doesn't actually have. That distinction is now printed directly on Reese’s Peanut Butter Pumpkins. And with Hershey rolling out more than 20 Halloween-themed products this season, the company has plenty of other seasonal packaging competing for shoppers’ attention.
Source: Fox Business
