Hershey Updates Reese’s Pumpkins Packaging Following Consumer Design Dispute

The Hershey Co. has introduced a new disclaimer on its Reese’s Peanut Butter Pumpkins packaging following a legal dispute centered on whether the product’s appearance matched its promotional imagery.

According to images on the official Hersheyland website, seasonal packages now feature the phrase “Carving not on actual product.” This text is placed adjacent to the image of a pumpkin-shaped Reese’s featuring jack-o’-lantern eyes and a mouth. The disclaimer is printed in small type on both the front and back of the packaging, replacing the previous “Decorating Suggestion” label cited in court records.

Hershey has reportedly added a new disclaimer to Reese’s Peanut Butter Pumpkins. (Marcin Golba/NurPhoto via Getty Images)

The update follows the dismissal of a proposed class-action lawsuit filed by two Florida consumers. The plaintiffs alleged they were misled into purchasing the candy based on the carved designs depicted on the packaging, which were absent from the actual product.

U.S. District Judge Melissa Damian in Miami ruled that plaintiffs Nathan Vidal and Eduardo Granados lacked the legal standing to claim they had overpaid for the treats. While the plaintiffs argued they purchased the candy specifically for the novelty of the “beautiful carved-out designs,” the court found their grievances to be subjective.

“Accepting plaintiffs’ allegations as true, it is clear that their only injury is their subjective disappointment,” Judge Damian wrote, noting that the plaintiffs failed to prove the product was defective, worthless, or devoid of economic value.

The change comes after Hershey won the dismissal of a proposed class-action lawsuit brought by two Florida consumers. (Smith Collection/Gado/Getty Images)

The judge further rejected the claim that consumers paid a 25% premium for the perceived design. In its defense, Hershey maintained that the packaging clearly identified the carvings as a “decorating suggestion.”

James Kelly, the attorney representing the plaintiffs, expressed disappointment with the ruling and indicated plans to appeal, stating that Florida consumers should receive exactly what is advertised.

Hershey recently rolled out more than 20 Halloween-themed products ahead of the holiday. (Smith Collection/Gado/Getty Images)

This is the second time Judge Damian has dismissed versions of this lawsuit, with an earlier attempt rejected last September. Separately, Hershey has launched over 20 Halloween-themed products in preparation for the upcoming holiday season.

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