Hershey Co. has taken a proactive step to address consumer concerns about its seasonal Reese’s Peanut Butter Pumpkins. The company now prints a front‑of‑package disclaimer that reads, “Carving not on actual product,” placed directly beneath the image of the pumpkin‑shaped candy with a carved jack‑o‑lantern face.
Background of the lawsuit
The change follows a lawsuit filed by a group of plaintiffs who argued that the original packaging was misleading. The plaintiffs claimed that the packaging suggested the candy itself would feature a carved jack‑o‑lantern face, while the actual product is a plain pumpkin‑shaped chocolate filled with peanut butter. One plaintiff testified that he purchased multiple bags of the pumpkins in 2023 expecting carved eyes and a mouth, only to find uncarved chocolates.
Legal outcome
In September, a federal judge dismissed the case for the second time, stating that the plaintiffs had not demonstrated a concrete economic injury. The judge described the complaint as “subjective disappointment,” indicating that the alleged deception did not rise to the level of actionable fraud.
Hershey’s response
While Hershey has not issued a detailed public explanation for the new disclaimer, the company’s swift packaging update suggests a desire to avoid further consumer confusion and to preempt additional litigation. The plaintiffs’ attorneys have indicated they are reviewing the dismissal and may consider an appeal, but no further legal action has been taken as of this writing.
Impact on consumers
For shoppers, the new label provides a straightforward clarification that the candy itself is not carved. This transparency aligns with broader industry trends toward clearer product labeling, helping consumers make informed purchasing decisions during the busy Halloween season.
Broader context
The case highlights the growing scrutiny of seasonal and novelty food products, where marketing imagery can sometimes create expectations that differ from the actual product. Companies across the confectionery sector are increasingly attentive to how visual cues on packaging may be interpreted, especially when those cues involve holiday‑specific themes.
Overall, Hershey’s addition of the disclaimer appears to be a reasonable response to the legal challenge, offering consumers clear information while allowing the company to continue selling a popular seasonal treat.
Original reporting: WPBF West Palm Beach — read the source article.
