this post was submitted on 31 Dec 2023
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The lawsuit's been widely covered so usually I wouldn't bother linking, but there's been mockery over it, and the mockery is wrong.

Just look at the picture.

Almost anything you buy, the picture on the package is prettier than what's inside, but the imagery on these candy wrappers is PhotoShop BS, a flat-out lie.

I stand with Cynthia Kelly, and hope Hershey pays her the $5M she's asking.

Original link

Dec 29 (Reuters) - Hershey has been sued by a Florida woman who said its holiday-themed Reese's peanut butter candies lack the artistic details shown on the packaging that make them worth buying.

In a proposed federal class action filed on Thursday and seeking at least $5 million, Cynthia Kelly accused Hershey of deceiving reasonable consumers by falsely promising that its candies would contain "explicit carved out artistic designs."

She said she would not have paid $4.49 in October at an Aldi for a bag of Reese's Peanut Butter Pumpkins, had she known that the candies not only lacked the "cute looking" carved eyes and mouth shown on the packaging, but any carvings at all.

The complaint said Hershey's labels "are materially misleading and numerous consumers have been tricked and misled by the pictures on the products' packaging."

It cited several videos on Google's YouTube, and included illustrations such as a Reese's Peanut Butter footBall shaped like a football, but missing the laces shown on the packaging.

Hershey did not immediately respond on Friday to requests for comment. Kelly's lawyer did not immediately respond to a similar request.

The plaintiff filed her lawsuit in the federal court in Tampa, Florida.

She is seeking damages for Florida purchasers of Reese's Peanut Butter Pumpkins, White Pumpkins, Pieces Pumpkins, Peanut Butter Ghost, White Ghost, Peanut Butter Bats, Peanut Butter footBalls and Peanut Butter Shapes Assortment Snowmen Stockings Bells for violations of that state's consumer protection laws.

Kelly's lawyer has also filed lawsuits accusing Burger King and Taco Bell of selling food that when served looks less enticing than advertised.

The case is Kelly v Hershey Co, U.S. District Court, Middle District of Florida, No. 23-02977.

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[–] SpaceNoodle@lemmy.world 40 points 10 months ago (1 children)

Surprised that this doesn't also mention the Xmas trees, the worst offenders of all.

[–] Sterile_Technique@lemmy.world 12 points 10 months ago (1 children)

You got something against chocolate butt plugs?!

[–] SpaceNoodle@lemmy.world 14 points 10 months ago (1 children)

No, but those "trees" are not flared nearly enough. Be safe.

[–] Sterile_Technique@lemmy.world 8 points 10 months ago

are not flared nearly enough. Be safe.

The real lawsuit is always in the comments.

[–] Kolanaki@yiffit.net 33 points 10 months ago (1 children)

Shit I thought they were talking about the foil wrapped ones that put the fancy design of pumpkins or Santa on the foil that in no way actually makes you think the candy looks like that.

I forgot about this packaging. Yeah, fuck that. It shows the candy with a face, but it doesn't actually have a face on the candy.

[–] themeatbridge@lemmy.world 4 points 10 months ago* (last edited 10 months ago) (1 children)
[–] Kolanaki@yiffit.net 9 points 10 months ago (1 children)

FYI: It's not loading on Piped.

[–] AceTKen@lemmy.ca 10 points 10 months ago (1 children)

I have never once had a video load correctly on Piped. Does it hate ad blockers or something?

[–] Kolanaki@yiffit.net 3 points 10 months ago

I don't think it's piped but YouTube doing weird shit. They work just fine if I actually go to piped and find the video manually; it's just direct links that stay a rotating circle forever.

[–] Steve@startrek.website 11 points 10 months ago (1 children)

The halloween bats had the same problem. I didn’t know my disappointment was worth 5 million tho…

[–] DougHolland@lemmy.world 13 points 10 months ago

The question isn't what your disappointment is worth to you, or any one customer. It's what the deception was worth to Hershey, and the penalty should be enough to deter such deception in the future.

[–] yamanii@lemmy.world 3 points 10 months ago (1 children)

It is time false advertising gets punished, they have been very good at coasting the rules and fooling everybody, even No Man's Sky got off free even though they had things on the trailer that only ended up in-game years later.

[–] Ignisnex@lemmy.world 2 points 10 months ago (1 children)

No Man's Sky is great though, and the studio implemented a stupid number of features after launch, out of their own pocket. Internet Historian had a really good piece on them.

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[–] dangblingus@lemmy.dbzer0.com 2 points 10 months ago (3 children)

Imagine caring about something actually important this much. Fucking litigious ass Americans. Your candy wasn't the right shape! Better sue somebody!

Agreed, this is fucking stupid.

[–] DougHolland@lemmy.world 1 points 10 months ago

So it's AOK for enormous corporations to lie?

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[–] LemmyIsFantastic@lemmy.world 2 points 10 months ago (3 children)

She'll never get 5M. Not even close. This will settle for costs + maybe a new car.

[–] Potatos_are_not_friends@lemmy.world 22 points 10 months ago (1 children)

Most of these cases never do.

But the point is to threaten. Because look at that false advertising? They shouldn't be getting away with this or make it acceptable.

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[–] Son_of_dad@lemmy.world 9 points 10 months ago

As long as it stops these companies from using fake and misleading packaging

[–] TWeaK@lemm.ee 2 points 10 months ago (1 children)

It's a class action, so the settlement ultimately depends on the size of the class.

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