By Jonathan Stempel
(Reuters) – Hershey is facing a renewed, larger lawsuit claiming it misled consumers about the amount of artistic detail they would find on several Reese’s peanut butter candies after opening the packaging.
In a proposed class action on Friday, four Reese’s consumers in southern Florida said they were “very disappointed” that the candies they bought late last year looked plain, and lacked the “explicit carved out artistic designs” shown on the packaging.
All said they would not have bought anything had they known the candies would be unadorned.
The nine candies included several with Halloween and Christmas themes, as well as Reese’s Peanut Butter footBalls and Reese’s Medal.
Photos included in the complaint showed pumpkin-shaped candies missing the advertised eyes and crooked mouths, and a football-shaped candy that resembled an egg because it lacked stitching,
Hershey and its lawyers did not immediately respond to requests for comment.
The lawsuit was filed by Nathan Vidal, Debra Kennick, Abdjul Martin and Eduardo Granados in the Fort Lauderdale, Florida federal court and seeks at least $5 million.
Their lawyer filed a similar, narrower lawsuit in Tampa, Florida in December on behalf of one plaintiff, but voluntarily dismissed that case on Friday.
He has also filed lawsuits accusing Burger King and Taco Bell of selling food that when served did not look as good as what was advertised.
The case is Vidal et al v Hershey Co, U.S. District Court, Southern District of Florida, No. 24-60831.
(Reporting by Jonathan Stempel in New York; Editing by Bill Berkrot)
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