this post was submitted on 31 Dec 2023
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HERSHEY, Pa. (CBS) -- A Florida woman is upset about the lack of designs on Reese's holiday-themed peanut butter candy - and now she's taking parent company Hershey to court over it.

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.

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[–] mo_ztt 185 points 10 months ago* (last edited 10 months ago) (27 children)

You know what? Fuck 'em. I don't know what she was expecting other than chalky, chocolate-scented paste that only vaguely resembles the already cheerless designs on the packaging. But if she wants to wring some money out of the behemoth that's hoovering up cocoa beans from half of Africa for pennies, grown by people who've never tasted chocolate in their lives, and use it to buy herself a boat, I say go for it. Fuck 'em up, petty chocolate woman. From the photos it kind of looks like you have a point.

[–] ChicoSuave 53 points 10 months ago (1 children)

Her argument is that they aren't the same as the packaging. The Halloween shapes show a jack o lantern or a face on a bat. Open the candy, it's not there. The lawsuit is to stop printing the packages with faces that aren't on the candy.

[–] mo_ztt 30 points 10 months ago

Oh, I agree, it looks from the photos like she's got a point. Without knowing much more than the photos in her filing, my first reaction is that she should get paid for a couple different reasons. I'm just saying Hershey's is overall so shitty that the lies on the packaging should be the least of her worries about it.

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[–] JoJoGAH 88 points 10 months ago

At some point we have to fight back on all the lies, why not here I guess.

[–] jordanlund 43 points 10 months ago (19 children)

I had to look up the egg/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.

[–] Kbobabob 29 points 10 months ago (1 children)

A reply from the review section a year ago...

REESE'S · Consumer Relations · a year ago

We are so sorry you're disappointed that the football candies didn't have the laces as shown on the wrapper. Your comments will be forwarded along to our Marketing Department.

[–] [email protected] 14 points 10 months ago (1 children)

so just a corporate non-answer, great.

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[–] [email protected] 20 points 10 months ago

Wow, yeah, even the "out of package" picture shows the design

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[–] [email protected] 32 points 10 months ago (17 children)

I would sue Hershey's for selling vomit chocolate, this stuff is shockingly bad.

[–] PlantJam 11 points 10 months ago (1 children)

The miniature peanut butter cups from trader Joe's, however, are perfect.

[–] [email protected] 13 points 10 months ago

When they came out they had both milk and dark chocolate variations. Its nice to see the dark side win one.

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[–] LifeOfChance 27 points 10 months ago

Honestly no matter how small the issue we should be bringing it to their door step like this. You have to start somewhere and take small victories as they come. It's the only chance we have at effecting them at this point.

[–] Stamau123 27 points 10 months ago (1 children)

Upset the jack-o-lantern Reese's isn't carved is dumb, but it is true the false advertising is bad. Been known for years Hershey's designs on the wrapper were more than a best case scenario for what you were buying.

[–] [email protected] 21 points 10 months ago* (last edited 10 months ago) (4 children)

that's pretty much the case with anything in the u.s. when was the last time you got a big mac or a whopper or an arbys that looked like the picture on the menu board or in adverts on tv?

[–] NightAuthor 22 points 10 months ago (1 children)

At least those are hand assembled, giving some excuse for it not being perfectly as pictured. But a molded piece of chocolate has no such excuse.

[–] [email protected] 7 points 10 months ago (4 children)

i tried to make an arbys look like the picture. it required accordion-folding all the meat on the front one-third of the bun, leaving the rest empty. and it still wasn't 'piled high' enough.

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[–] RIP_Cheems 24 points 10 months ago
[–] [email protected] 15 points 10 months ago* (last edited 10 months ago)

Looks like she bought the "ready-to-carve" version.

[–] WoahWoah 13 points 10 months ago* (last edited 10 months ago) (1 children)

I feel no lawyer is taking this case pro bono, so this person is paying attorney fees and hourly billing to do this. How much must this absurdity cost? Some lawyer is just like "cool. Easy, stupid money."

Like... can a lawyer weigh in on this? If I bring this to you and tell you I'm adamant about filing the suit, how much is this process so far going to run me?

[–] bostonbananarama 35 points 10 months ago (2 children)

This was filed as a class action, with the class being all Floridians that purchased these. If you're at all familiar with class action lawsuits, they hugely benefit the lawyers, minimally benefit the named plaintiff, and barely provide anything to the class at large.

So an attorney may take it, assuming the believe they can get the class certified. I don't do that type of work, so I don't know too much about it.

Also, contingency cases are possible against large companies based on nuisance value, essentially it's cheaper to pay you $15k to go away then to litigate for a large company.

[–] [email protected] 11 points 10 months ago

I think I've been among the "winners" of three, maybe four class action lawsuits. I think I'm up something like $17.

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[–] piecat 8 points 10 months ago

They also don't have a bite out of them

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