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ARTICLE · 02 OCTOBER 2026

Is This Packaging A Trick Or A Treat?

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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A federal court in Florida dismissed a false advertising lawsuit against Hershey over Reese's Peanut Butter Pumpkins packaging that showed carved jack-o-lantern faces, while the actual products lacked these decorative features. The court ruled that consumers failed to demonstrate concrete economic injury, finding their claims amounted only to subjective disappointment rather than actionable harm.

United StatesMedia, Telecoms, IT, Entertainment

During the Halloween season, some consumers went to the store and bought a bag of Reese's Peanut Putter Pumpkins. The packaging featured pictures of pumpkin-shaped Reese's peanut butter cups, with jack-o-lantern faces carved onto the front of them. Next to the image, there's a disclaimer that says, “DECORATING SUGGESTION.” The packaging looks like this: 

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When the consumers opened the package, however, the product didn't have carved faces. Instead, the product looked like this: 

1850274b.jpg

The consumers sued for false advertising, alleging that Hershey misled consumers about what the product actually looks like. As the court explained, the plaintiffs alleged that “Hersey represented that its Reese's Peanut Butter Pumpkins product had explicit carved-out artistic designs of a mouth and eyes on their surface when there are no such carved designs on the actual chocolate products."

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