According to reports, Kelly believed she was purchasing a peanut butter cup in the shape of a pumpkin with a “cute” mouth and eyes. But when she opened the package she was stunned to discover there was no face and the piece of chocolate did not look like a pumpkin.
The lawsuit, which was filed in federal court in Florida, states 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.”
Kelly hopes the lawsuit will reach class-action status.
Hershey isn’t the only company to be sued for misrepresenting a product on a label.
Taco Bell, Wendy’s, McDonald’s, Burger King, and Arby’s have all been sued for false advertising. Most recently McDonald’s and Wendy’s won the lawsuits brought against them.
