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Reese’s Pumpkins Come with a New Disclaimer After Lawsuit
The label replaces “Decorating Suggestion” after plaintiffs said the candy’s packaging misled buyers about its blank pumpkin shape.
Hershey added a new package disclaimer to Reese Peanut Butter Pumpkins stating "Carving not on actual product," appearing directly below the candy's jack-o'-lantern image, USA Today reported.
Nathan Vidal and several plaintiffs sued Hershey claiming deceptive marketing after Vidal said he "believed that the product contained a cool-looking carving" but found the pumpkins blank when opened.
A Florida District Judge dismissed the lawsuit on Sept. 16 for the second time, calling the complaint the plaintiffs' "subjective disappointment." The group sought $5 million in damages.
Hershey maintained that reasonable consumers understand images are suggestions, with Halloween senior brand manager Katie DeCapria telling CBS News, "We know what consumers love." The company noted "Decorating Suggestion" previously appeared on packaging.
Lawyers representing the group said last month they were disappointed in the ruling and may appeal. The original complaint also cited other holiday-themed Reese shapes sold in Florida, including ghosts and bats.