The Russo Firm Has Filed a Class Action Lawsuit Against Hershey's for False Advertising
The Hershey Company has been falsely representing their special edition Reese’s Peanut Butter products as containing specific artistic designs when no such carvings exist.
CASE STATUS
- Active
POSITION
- Counsel for plaintiff and the proposed class
ATTORNEYS
PRACTICE AREAS
COURT
- UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA (FT LAUDERDALE)
CASE NUMBER
- 0:24-cv-60831-DSL
DEFENDANT(S)
FILE DATE
PHONE
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DOCUMENT(S) FROM THE LAWSUIT
Overview of the Hershey Class Action Lawsuit
The Hershey Company is facing a renewed and more robust lawsuit over claims it misled consumers about the level of artistic detail they would find on several Reese’s peanut butter candies after opening the packaging.
Anthony J. Russo and James C. Kelly filed the proposed class action lawsuit in the U.S. Southern District of Florida on May 17 on behalf of four Southern Florida consumers—Nathan Vidal, Debra Kennick, Abdjul Martin, and Eduardo Granados. The lawsuit, overseen by Judge David S. Leibowitz, accuses Hershey of deceptive advertising.
The plaintiffs claim they were “very disappointed” about the themed Reese’s candies they bought, which included Peanut Butter Pumpkins, Ghosts, and Footballs. Instead of having the explicit carved-out artistic designs as shown on the packages, they were essentially unadorned.
For example, the pumpkin-shaped candies missing the cutout eyes and cooked mouths seen on the packaging and football-shaped candies that looked more like eggs without the stitching shown on the packages.
The plaintiffs said they wouldn’t have spent their money on the candy had they known they wouldn’t look anything like the packages suggested. They are seeking at least $5 million in damages.
Numerous other consumers have complained that many Reese’s products do not look like the picture on the package, as evidenced by the following YouTube videos:
Hershey’s Lawsuit in the News
Check out the news coverage of the Hershey lawsuit as it shakes up the industry and shows corporations that will be held responsible for what they sell.
Reuters – Hershey faces larger lawsuit over missing designs on Reese’s candies
USA Today – Carvings on Reese’s packaging aren’t on actual chocolates, consumer lawsuit claims
MSN – Consumers sue Hershey over deceptive Reese’s packaging
Packaging World – Hershey’s Faces Class Action Suit Over Reese’s Packaging
Forbes – What Reese’s Allegations Mean For Product Presentation
- People – Woman Sues Hershey’s for $5 Million over ‘Deceptive’ Reese’s Halloween Pumpkins Without Faces
- NPR – Hershey sued for $5M over missing ‘cute’ face on Reese’s Peanut Butter Pumpkins
- USA Today – Florida woman sues Hershey over Reese’s Peanut Butter Pumpkins packaging not being ‘cute’
- Miami Herald – Hershey ‘lied’ about its Reese’s holiday candy: $5M Lawsuit filed by Russo and Kelly
- Reuters – Hershey is sued over lack of artistic detail on Reese’s candies
- Newsweek – Hershey Hit With $5 Million Lawsuit Over Reese’s Candy
- Yahoo News – Florida Woman Files Lawsuit Against Hershey Company for $5 Billion, Alleges False Advertising
- CBS News – Florida woman sues Hershey for $5 million, says Reese’s candies don’t have carved designs
- Daily Mail – Hershey’s hit with $5MILLION lawsuit by Florida woman over ‘misleading’ Reese’s Halloween candy
- FOX 35 – Florida woman sues Hershey for ‘tricking’ customers when chocolate didn’t match ‘cute’ packaging
- Law360 – Themed Reese’s Chocolate Not Artful Enough, Suit Claims
- NBC6 South Florida – South Florida firm’s $5M suit claims ‘deceptive advertising’ in Reese’s Peanut Butter designs
- NBC News – Hershey faces $5 million lawsuit over ‘misleading’ Reese’s Halloween candy packaging
- NewsNation – Why are false advertising lawsuits on the rise in the food industry?
- Yahoo! Finance – Florida lawsuit aims to debunk motto ‘There’s no wrong way to eat a Reese’s’
Comparing Reese's Packaging to Product
Elements of the Class Action Complaint Against Hershey
Plaintiffs Nathan Vidal, Debra Kennick, Abdjul Martin, and Eduardo Granados, represented by The Russo Firm, file this class action complaint against The Hershey Company for deceptive advertising practices related to Reese’s Peanut Butter products.
Factual Allegations
The lawsuit alleges that Hershey falsely advertised Reese’s products, including various seasonal shapes, by depicting carved-out designs on packaging that are absent on the actual products (see images above).
This misleading portrayal led to consumer deception, as evidenced by various YouTube reviews expressing dissatisfaction and surprise.
The Parties
The plaintiffs challenge Hershey, a leading chocolate manufacturer headquartered in Pennsylvania.
The complaint details Hershey’s role in creating and disseminating deceptive advertising for the implicated Reese’s products.
Class Action Allegations
The action is brought on behalf of a class of Florida consumers under the Federal Rules of Civil Procedure. It seeks to address the common grievances against Hershey’s misleading marketing practices, emphasizing the impracticality of individual lawsuits and the necessity of a class action for efficient adjudication.
Demand for Jury Trial
Concluding with a demand for a jury trial, the document is signed and dated by Anthony J. Russo, Esq., counsel for the plaintiff and proposed class.
For more details, please refer to the original document linked above.
Importance of Consumer Protection
The Russo Firm is committed to upholding consumer rights, ensuring that companies like Hershey are held accountable for any misleading or false representations. This lawsuit underscores the necessity of transparent and truthful advertising, protecting consumers from deceptive marketing practices.
Understanding Class Action Lawsuits
A class action lawsuit allows a group of individuals, collectively known as a class, to sue a defendant for common grievances. This approach is effective in cases where numerous people are affected by the same issue, providing a consolidated and efficient legal remedy.
No Cost Unless We Are Successful
Clients joining this class action lawsuit will not incur any fees with The Russo Firm unless the lawsuit is successful. This contingency-based approach ensures that all affected consumers have access to legal representation without the burden of upfront costs.
Award-Winning Class Action Lawyers
The Russo Firm, distinguished as award-winning class action lawyers, excels in protecting consumer rights. Our dedication to ensuring justice for those misled by corporate malpractices showcases our commitment to legal excellence and consumer advocacy.
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