Hershey has successfully defended against a lawsuit that claimed the company misled consumers by not including decorative carved designs on its Halloween-themed Reese's pumpkins, as depicted on the packaging. U.S. District Judge Melissa Damian in Miami dismissed the proposed class action, stating that the plaintiffs, Nathan Vidal and Eduardo Granados, lacked the legal standing to pursue their claims.
The plaintiffs had argued they overpaid for the candy due to the absence of "cool and beautiful carved-out designs" for eyes and mouths, which they bought for their "novelty" value. However, Judge Damian found that their "only injury is their subjective disappointment" and that they did not allege the purchased pumpkins were defective, worthless, or lost all economic value.
Furthermore, the judge noted that the plaintiffs could not demonstrate they paid up to 25% too much, as they cited prices from retailers like Target and Walmart, but had purchased their candy from a Publix supermarket. This was a dismissal of an earlier version of the lawsuit as well, following a similar ruling last September.
James Kelly, the plaintiffs' lawyer, expressed disappointment and indicated plans to appeal, stating that consumers deserve to get what they pay for and should not be left without protection. Hershey declined to comment on the litigation, as is its policy. In its court filing seeking dismissal, Hershey had asserted that its packaging included a disclaimer labeling the carvings as a "decorating suggestion" and that reasonable consumers would not expect the carvings to be guaranteed.
