Hershey has changed the packaging for its seasonal Reese’s Peanut Butter Pumpkins to clarify that the jack-o’-lantern carvings shown in product images are not on the candy itself. The new wording, “Carving not on actual product,” appears in small print on the front and back of the package, according to images on Hershey’s website. It replaces “Decorating Suggestion,” court documents reportedly showed.
The packaging change follows a proposed class-action lawsuit filed by two Florida consumers, who argued they were misled because the pumpkins they purchased lacked the carved faces shown on the wrapper. They said the designs were part of the product’s appeal and claimed they paid more for the novelty.
U.S. District Judge Melissa Damian dismissed the case, ruling that the plaintiffs lacked standing to claim they had overpaid. In her decision, she characterized their alleged injury as disappointment and noted they had not claimed the candy was defective, worthless or devoid of economic value. The judge also rejected their argument that they paid as much as 25% more.
Hershey had argued in court filings that the earlier packaging described the carvings as a decorating suggestion, according to Reuters. Attorney James Kelly said his clients were disappointed with the decision and planned to appeal. The source report did not establish whether an appeal has since been filed.
The report said Damian had dismissed an earlier version of the lawsuit the previous September. Hershey did not provide comment to Fox Business by publication time.
