Now THIS is an Unethical Lawsuit (But Not Frivolous!)

The Hershey company (in Hershey, Pa.) has been sued by Cynthia Kelly in the United States District Court for the Middle District of Florida on behalf of herself and everyone who purchased Reese’s Peanut Butter Cup Halloween candies advertised as pumpkins and white ghosts. The class action lawsuit seeks $5 million in damages and a court order requiring the company to change its advertising next year so purchasers won’t feel that they have been victimized by a bait-and-switch. It alleges that Hershey falsely advertised the seasonal candy as having “explicit carved” out designs, and there were no such carvings in the actual products.

Kelly’s complaint says that she purchased a bag of Reese’s Peanut Butter pumpkins for $4.49 at an Aldi’s last October 2023 because she was impressed by the artistic carvings depicted in the advertisements and the packaging, and would not have bought the candy if she knew that it was uncarved. And she wasn’t alone in this painful disappointment, as shown by comments on Hershey YouTube ads written by heart-broken candy-lovers:

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Sunday Ethics Fallback, 11/3/2019: Poisoning Children For Their Own Good, And Other Alarming Developments

Whatever time it is…

1. Not exactly a shock, but we now know Ruth Bader Ginsburg lied in her 1993 Senate confirmation hearings. At a Georgetown Law Center event last week featuring both Clintons and Justice Ruth Bader Ginsburg, Bill Clinton told the audience that he queried the Justice-to- be about Roe v. Wade before nominating her to the Supreme Court in 1993:

[Ginsburg] knew this perfectly well, that I was under a lot of pressure to make sure I appointed someone who was simon-pure, which I had said I thought was important. But I was fascinated by a—either an article I had read or something I had read on Justice Ginsburg saying that she supported the result in Roe v. Wade but thought Justice Blackmun should have decided the case on the equal protection clause not the right to privacy. And I asked her the question and she talked about it just as if it was any other issue, no affect: “This is what I think, this is why I think it,” and she made a heck of a case.

That’s odd, because one of the written questions she responded to in the process was…

Has anyone involved in the process of selecting you as a judicial nominee (including but not limited to a member of the White House staff, the Justice Department, or the Senate or its staff) discussed with you any specific case, legal issue or question in a manner that could reasonably be interpreted as seeking any express or implied assurances concerning your position on such case, issue, or question? If so, please explain fully.

And the now-revered Ginsburg replied,

It is inappropriate, in my judgment, to seek from any nominee for judicial office assurance on how that individual would rule in a future case. That judgment was shared by those involved in the process of selecting me. No such person discussed with me any specific case, legal issue or question in a manner that could reasonably be interpreted as seeking any express or implied assurances concerning my position on such case, issue, or question.

Yet the former President directly contradicted this, in Justice Ginsberg’s presence.

2. Further lives unborn ethics notes: Continue reading

Halloween Wrap-Up: The Asshole Files

smashed pump

Maybe I’m just in a bad mood, but “Ethics Dunce” doesn’t quite do the conduct of these Halloween 2015 miscreants.

Tell me again why we bother with this holiday that was once supposed to be the one day a year the evil spirits come out to play. Every year it is clearer that Halloween and its related activities is a festival for assholes. For example..

Robert Ledrew of Blackwood, New Jersey

There has never been a confirmed case of a child being injured by poisoned or otherwise tampered with Halloween treats. The one case, a murder, that caused a long-running panic was the father who poisoned his own son’s candy to collect on his life insurance. I guess  Robert Ledrew felt that a new generation of kids needed to be convinced that adults are lurking psychopaths, so he posted images of needle-filled candy bars to his Facebook page and reported to the police. Later he explained that he was trying to teach  children to be check their candy. I saw the photos as CNN reported the candy as a real attack on children, with no skepticism whatsoever. The tone was, “Oh, no, not this again! How horrible.” I turned to my wife and said, “This is a hoax. It’s always a hoax. Why doesn’t CNN know that?”

Ledrow was later arrested and charged with making a false police report.

Happy Halloween, Fort Bragg!

A yet unnamed soldier attempted to enter Fort Bragg on Friday night dressed as a suicide bomber, complete with a fake vest of explosives. Understandably, there was”an emergency response.” Continue reading