Hershey Makes A Product Change After Recent Lawsuit

Hershey has added a new disclaimer to their tasty treats, with the move coming after the Russo Trial Lawyer Firm filed a class-action lawsuit over deceptive marketing.

While the suit ultimately failed, the company has decided to make a few changes to its candied goods in an attempt to reduce the risk of future lawsuits. It is unclear if the new packaging will be put on all of their seasonal products or just the pumpkin chocolates.

As of October 6, Reese’s Peanut Butter Pumpkins will carry a disclaimer on their packaging that reads, “Carving not on actual product.” The disclaimer is under a rendering of the pumpkin-shaped candy with a mouth and eyes carved into the chocolate, resembling a jack-o’-lantern.

Notably, Florida District Judge Melissa Damian had already dismissed the case once before on September 16 earlier this year. In May 2024, Florida residents Nathan Vidal, Debra Kennick, Abdjul Martin, and Eduardo Granados sued Hershey, claiming the company engaged in “deceptive” advertising of a multitude of its candies.

Vidal had bought the pumpkin-shaped chocolate expecting the little face on the packaging to be present, but found that they were blank and the packaging had been presenting images that were not real.

In addition, other shapes have had similar complaints, with customers being fooled into buying candy based on the shapes and patterns that were not actually present in the product.

Ironically, Outkast is currently in the middle of a lawsuit with an East Coast rapper for being too close to their trademark. The suit was demanding $5 million from the chocolate corporation for what they say was deceptive marketing to get them to buy something that they wouldn’t have otherwise. 

Hershey has a decorative suggestion disclaimer plastered onto it, arguing that they did tell people what they’d be receiving and customers were given what they paid for without causing damage by being explicitly misleading. None of the product was damaged, broken, or tainted in any way. 

Customers got the candy, even if there was some disappointment with the packaging versus the out-of-the-box product. 

Melissa Dean agreed with the industrial giant and threw out the class action suit, saying that the party only suffered from some “subjective disappointment” and that no actual, substantial harm had been inflicted by the stylization of the product’s image.