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Reese's Peanut Butter Pumpkins now feature a new warning: "Carving not on actual product." This change comes after a lawsuit accused Hershey of misleading consumers by showing jack-o-lantern faces on the packaging, while the actual chocolates were plain. A Florida judge dismissed the case last month, stating that the plaintiffs experienced only "subjective disappointment."
The lawsuit, led by Florida residents Nathan Vidal and Eduardo Granados, sought $5 million in damages. They argued that the packaging's images of carved designs misled them into believing the chocolates would have similar decorations. However, U.S. District Judge Melissa Damian ruled that the plaintiffs did not suffer concrete economic harm, as reported by Reuters.
Hershey had previously included a "Decorating Suggestion" disclaimer on the packaging. The company argued that reasonable consumers would not expect the carvings to be present on the actual candy. Hershey has not explained why it changed the disclaimer, but the company maintains that consumers received the product they paid for—delicious Reese's candy.
Despite the lawsuit's dismissal, Vidal and Granados plan to appeal. Their lawyer, James Kelly, emphasized the need for consumer protection in Florida. Meanwhile, Hershey has introduced over 20 Halloween-themed products this year, including Reese's Pumpkins, as part of its 2026 "Hersheyween" lineup, according to AOL.
The case highlights the importance of accurate product representation in advertising. While consumers are advised to verify products before purchase, the court's decision suggests that not all packaging discrepancies are legally actionable unless they result in economic harm, as noted by Legal 500.