Chocolate manufacturing giant Hershey is currently embroiled in a class-action lawsuit filed by a disgruntled customer, Cynthia Kelly from Florida. Kelly claims that the Halloween-themed peanut butter treats she purchased failed to live up to the packaging’s depiction, and she is seeking at least $5 million in damages.
The legal case revolves around Hershey’s Halloween-themed peanut butter treats, including peanut butter pumpkins, bats, footballs, and a Christmas assortment featuring peanut butter snowmen, stockings, and bells.
The Allegations
Cynthia Kelly argues that she was attracted to the Halloween treats primarily because of the “artistic designs” showcased on the packaging. She specifically mentioned the “cute looking” eyes and mouth depicted on the packets of peanut butter pumpkins, which prompted her to spend $4.49 on the treats at an Aldi supermarket.
However, upon opening the bag, Kelly claims that not only were the facial features missing, but there were no carvings whatsoever on the peanut butter pumpkins. The lawsuit alleges that Hershey’s packaging was “materially misleading,” asserting that numerous consumers, including Kelly, were “tricked and misled” by the pictures on the products’ packaging.
The legal case also extends to a football-themed peanut butter product that allegedly did not feature the laces depicted on the packaging. Kelly is seeking damages not only for herself but for anyone in Florida who has purchased the mentioned items.
Legal Basis and Class-Action Status
Class-action lawsuits are legal actions taken by one or more plaintiffs on behalf of a larger group, or “class,” who have suffered similar harm or have similar claims. In this case, Cynthia Kelly is representing consumers in Florida who may have purchased the allegedly misleading Hershey products.
The legal basis for the lawsuit centers on the claim of false advertising, asserting that Hershey’s packaging created false expectations among consumers. The discrepancy between the depicted product on the packaging and the actual product received forms the core of the “materially misleading” allegation.
YouTube Videos as Evidence
Cynthia Kelly’s case includes references to several videos on YouTube, possibly highlighting consumer dissatisfaction and showcasing the alleged discrepancies between the packaging and the actual products.
Hershey’s Response
As of now, Hershey has not commented on the lawsuit, and it remains to be seen how the chocolate conglomerate will respond to the legal claims. The outcome of this case could have implications for product packaging standards and the expectations set by visual representations on food products.
The lawsuit, filed in Tampa, will likely undergo legal proceedings to determine the merit of the allegations and whether it meets the criteria for class-action status.