(CNN) – Cynthia Kelly thought she was buying a Reese's Peanut Butter pumpkin for Halloween with a “cute” pumpkin-shaped mouth and eyes, just as it appeared on the product packaging.
But when he opened it, he was horrified to discover that there was no carved pumpkin. It was just a regular looking piece of chocolate.
Now, Kelly has filed a lawsuit against The Hershey Company, the manufacturer of Reese's, alleging that the company falsely represented several of its products as Christmas-themed on packaging: Reese's Peanut Butter Pumpkins, White Pumpkins, Pieces Pumpkins, Peanut Butter Ghost, White Ghost and others. . .
Kelly “would not have purchased the Reese's Peanut Butter Pumpkins product had she known that it did not contain the detailed mouth and/or eye sizes as indicated on the product label,” the lawsuit says.
The lawsuit, filed in federal court in Florida, seeks class-action status on behalf of “multiple consumers.” [que] “They are deceived and confused by the images on product packaging.”
Hershey declined to comment to CNN about the lawsuit.
Thus Hershey joins A Growing list of food brands It has been sued for false advertising, including by Taco Bell, Wendy's, McDonald's, Burger King, and Arby's. The lawsuits allege that these companies use advertising that does not match their actual food.
Hershey's attorney, Anthony Russo, led the effort.
For a judge or jury to side with plaintiffs in false advertising lawsuits, attorneys must successfully prove that the ads would deceive a “reasonable consumer.”
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