This obviously seems silly, but I think it's very important for the packaging of a product to not mislead consumers. Have you ever heard of non-functional slack fill? Shit should be illegal, but because it isn't, you get a bunch of libertarians in every thread about this like "um, it isn't illegal, so what's the problem?"
this post was submitted on 31 Dec 2023
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The football in question:
https://www.hersheyland.com/products/reeses-milk-chocolate-peanut-butter-football-1-2-oz.html
Yeah, I could see someone being upset. Imagine planning a Super Bowl party and putting out a platter of egg shaped things instead of little footballs.
She's not wrong, but... $5 million?
If anything, she is owed the cost of the product and legal fees. Is she alleging emotional damage? Disappoinment is not worth $5 million.
It's a class action lawsuit, so the $5 million would be split up across everybody that purchased this product (and the lawyers).
Only the lawyers make any real money. See: Sandpiper Crossing, Goodman, Hamlin, Hamlin, McGill, et al.
There's often large numbers depending on the severity, to discourage others from doing it. It doesn't need to just be compensation to the person.
$5m is a joke to Hershey's, in 2023 they made $5b in profit.
It's to get them to settle for six figures.
So if they settle and don't change the product doesn't that leave a precedent so anyone can then just sue them and automatically win?
This is the best summary I could come up with:
Cynthia Kelly filed a federal class-action lawsuit Thursday in the U.S. District Court in the Middle District of Florida, alleging several Reese's products don't match their photos as depicted on the wrappers.
For example, Reese's peanut butter pumpkins are merely pumpkin-shaped hunks of peanut-butter-stuffed chocolate, and the actual product has no Jack O'lantern-style carvings as the wrapper depicts, Kelly alleges.
She says the same is true for the peanut butter footballs and bats, as well as the white chocolate ghosts.
The suit says Kelly bought a bag of peanut butter pumpkins for $4.49 at an Aldi in Hillsborough County, Florida in late October 2023.
"Plaintiff and the members of the Class have been aggrieved by Defendant's unfair and deceptive practices," the suit reads.
CBS News Philadelphia has reached out to The Hershey Company for comment and will update if we hear back.
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