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Reese's Peanut Butter Pumpkins Come with New Disclaimer
The label replaces “Decorating Suggestion” after plaintiffs said the candy’s packaging misled buyers about its blank pumpkin shape.
Hershey added a new disclaimer to Reese's Peanut Butter Pumpkins stating "Carving not on actual product," USA Today reported. The text appears directly below the candy's jack-o-lantern image on the package.
Several plaintiffs, including Nathan Vidal, sued Hershey claiming deceptive marketing. Vidal said he "believed that the product contained a cool-looking carving of a pumpkin's mouth and eyes" but found them blank.
A Florida District Judge dismissed the lawsuit on Sept. 16 for the second time, characterizing the complaint as the plaintiffs' "subjective disappointment." The group sought $5 million in damages.
Hershey maintained that reasonable consumers understand images are suggestions, citing the previous "Decorating Suggestion" label on packaging. Katie DeCapria, Hershey's Halloween senior brand manager, told CBS News, "We know what consumers love."
Lawyers representing the group said last month they were disappointed in the ruling and may appeal. The original complaint involved holiday-themed versions of the candy sold in Florida since 2021.