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Hershey Co. added a new disclaimer to Reese’s Peanut Butter Pumpkins following a legal battle over claims that images on the packaging did not match the actual candy.
Packages of the seasonal treat now feature the words “Sculpture not on actual product” alongside an image of Reese’s in the shape of a pumpkin with jack-o’-lantern style eyes and mouth, according to product images on Hersheyland’s official website.
The warning appears in small text on the front and back of the package.
It replaces previous wording that read “Decoration Suggestion,” according to court documents.
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Hershey has reportedly added a new disclaimer to Reese’s Peanut Butter Pumpkins. (Marcin Golba/NurPhoto via Getty Images)
FOX Business has contacted The Hershey Co. for comment.
The change comes after Hershey won the dismissal of a class-action lawsuit proposed by two Florida consumers. They claimed they were misled because the Reese’s pumpkins they purchased did not feature the decorative carvings pictured on the packaging, Reuters reported last month.
U.S. District Judge Melissa Damian in Miami ruled that plaintiffs Nathan Vidal and Eduardo Granados lacked legal standing to claim they overpaid for the candy.
The plaintiffs said they purchased Reese’s candy for the “novelty” of its “cool and beautiful sculpted designs.”
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The change comes after Hershey won the dismissal of a class-action lawsuit proposed by two Florida consumers. (Collection Smith/Gado/Getty Images)
“In accepting Plaintiffs’ allegations as true, it is clear that their only harm is their subjective disappointment,” Damian wrote. “Plaintiffs do not allege that the Hershey’s Reese’s Peanut Butter Pumpkins they purchased were defective or worthless or that they lost any economic value due to the lack of decorative carvings.”
Damian also rejected their argument that they paid up to 25% more for the products.
Hershey had argued in court that its packaging described the illustrated sculptures as a “decorative suggestion,” Reuters reported.
James Kelly, the plaintiffs’ attorney, said his clients were disappointed with the decision and planned to appeal.
“Florida consumers deserve value for their money, and it’s troubling to see them left unprotected,” he said.
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Hershey recently released more than 20 Halloween-themed products ahead of the holiday. (Collection Smith/Gado/Getty Images)
Damian also rejected an earlier version of the lawsuit last September, according to Reuters.
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Hershey recently released more than 20 Halloween-themed products ahead of the holiday.
Reuters contributed to this report.
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