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:


