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Hershey adds disclaimer to Reese’s Peanut Butter Pumpkins
WFTV • • business
Key Points:
- Hershey's Reese’s Peanut Butter Pumpkins packaging now includes a disclaimer stating “Carving not on actual product” to clarify that the candy pumpkins are not carved like real pumpkins, replacing the previous “Decorating Suggestion” note.
- A lawsuit filed in Florida claimed Hershey engaged in deceptive marketing by depicting carved pumpkins on the packaging, leading plaintiffs to believe the candy would have carved faces, and sought $5 million in damages.
- Hershey argued that reasonable consumers understand the images as suggestions and that the candy is not defective, maintaining the product has not changed and remains popular.
- The Florida District Judge dismissed the lawsuit twice, citing the plaintiffs’ disappointment as subjective, though the plaintiffs’ attorneys expressed intent to possibly appeal the decision.
- Hershey’s Halloween senior brand manager emphasized the pumpkin shape as a key product element, affirming no changes were made to the candy’s design despite the controversy.
