Photo: DANIEL SLIM / AFP / Getty Images
Cynthia Kelly bought a Halloween-themed Reese’s Peanut Butter Pumpkins that features a carving of a pumpkin’s mouth and eyes, as pictured on the package, but when she opened it she found no pumpkin carving, just a regular-looking piece of chocolate.
Kelly, is now filing a lawsuit against Hershey, for false representation on the holiday-themed packaging of Reese’s Peanut Butter Pumpkins, White Pumpkins, Pieces Pumpkins, Peanut Butter Ghost, White Ghost and others.
The lawsuit states that Kelly “would not have purchased the Reese’s Peanut Butter Pumpkins product if she knew that it did not have the detailed carvings of the mouth and/or eyes as pictured on the product label.”
The lawsuit was filed in federal court and joins a growing list of food brands sued for false advertising, including Taco Bell, Wendy’s, McDonald’s, Burger King and Arby’s. Anthony Russo, is the attorney that is leading the effort, to show a judge or jury that the ads would trick a “reasonable consumer.”