Woman Slaps Hershey’s With $5 Million Lawsuit for ‘Misleading’ Candy That Didn’t Have a Face on It

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A Florida woman is suing The Hershey Co. for what she claims is “false and deceptive advertising” on Hershey chocolate candies.

The woman identified as Cynthia Kelly filed the lawsuit Thursday in the U.S. District Court for the Middle District of Florida after noticing a discrepancy between Reese’s candies as depicted on their packaging and the actual products, according to the lawsuit.

The lawsuit accused Hershey of violating the Florida Deceptive and Unfair Trade Practices Act, according to court documents.

The products at the center of the dispute are Reese’s Peanut Butter Pumpkins; Reese’s Pieces Pumpkins; Reese’s Peanut Butter Ghost; Reese’s White Ghost; Reese’s Peanut Butter Bats; Reese’s Peanut Butter footballs; and, Reese’s Peanut Butter Shapes Assortment Snowmen, Stockings, Bells.

Kelly seeks to obtain $5 million in damages from The Hershey Company on behalf of the chocolate maker’s Florida customers

According to the lawsuit, Kelly was out shopping in late October when she purchased a bag of Reese’s Peanut Butter Pumpkins for $4.49, relying on the product packaging as an indicator of how the product inside looked.

A picture of the packaging, included in the lawsuit, showed eyes and a mouth carved on top of a piece of chocolate.

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