By Jonathan Stempel
(Reuters) – Hershey urged a U.S. judge to dismiss a lawsuit claiming it misled consumers about several Reese’s peanut butter candies, using its request to level a broadside against what it considers baseless class action litigation over product packaging.
In a Wednesday filing in Fort Lauderdale, Florida federal court, Hershey said no reasonable consumer could believe its Halloween- and Christmas-themed candies necessarily contained the “explicit carved out artistic designs” shown on packaging.
The consumers suing Hershey expressed disappointment with the lack of details on nine Reese’s products, including pumpkin-shaped candies missing eyes and crooked mouths, and a football-shaped candy whose lack of stitching left it resembling an egg.
But Hershey said the four plaintiffs ignored disclaimers that such details were only a “DECORATING SUGGESTION,” and other images that lacked such details.
The company called it unreasonable to focus only on images with decorative carvings as a “supposed guarantee” of how Reese’s candies actually looked.
“This lawsuit is yet another in a growing trend of baseless class actions founded on nothing but a consumer’s selective, subjective, and result-driven interpretation of one isolated aspect of a product’s packaging without considering its full context,” Hershey said.
“Not a single plaintiff claims the product was unfit for consumption or was anything other than what consumers have come to love and expect from this iconic brand–a delicious treat,” it added.
A lawyer for the plaintiffs had no immediate comment on Thursday.
Many other consumer class actions target packaging claims, such as whether products qualify as all natural or contain enough of a particular ingredient.
The Florida plaintiffs suing Hershey, Nathan Vidal, Debra Kennick, Abdjul Martin and Eduardo Granados, are seeking at least $5 million in damages.
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 Marguerita Choy)
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