HILLSBOROUGH COUNTY, Fla. (TND) — An upset customer is suing Hershey's for "deceptive advertising" after buying Halloween-themed Reese's Peanut Butter Pumpkins.
Cynthia Kelly alleges Hershey's falsely represented several products as "containing explicit carved out artistic designs when there are no such carvings in the actual products," according to the lawsuit.
Some of the holiday-themed products referenced include Reese’s Peanut Butter Pumpkins, White Pumpkins, Pieces Pumpkins, Peanut Butter Ghost and White Ghost.
Examples were shown through pictures of multiple products having a blank face instead of a jack-o'-lantern design or ghost chocolate without eyes and a mouth as shown on the packaging.
However, the lawsuit notes that packaging was not always "deceptive and misleading" but Hershey's changed it to try and boost sales and revenues.
The complaint went on to explain how Kelly originally found a product at Aldi and purchased the Reese's Peanut Butter Pumpkins which she thought "contained a cute looking carving" but found out the $4.49 bag had no such design.
The lawsuit states Kelly "would not have purchased the Reese’s Peanut Butter Pumpkins product if she knew that it did not have the detailed carvings of the mouth and/or eyes as pictured on the product label."
If the lawsuit is granted class-action status by a judge, it would apply to "all consumers within the State of Florida" who believe they were misled after buying the product.
Hershey's has not responded to requests for comment.
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