Whether it’s Halloween,
Valentine’s Day, or even Easter, you can always count on Reese’s to release a festive, holiday-themed peanut butter cup. But for one woman, a particular set of holiday treats from Reese’s just wasn’t cutting it in the looks department.
CNN Business reports that Cynthia Kelly is suing Hershey’s over Reese’s Peanut Butter Pumpkins not being, well, “cute” enough.
More specifically, Kelly claims the peanut butter cups are missing the carvings featured on the candy packaging. Her lawsuit states that the image featured on the packaging can be misleading to customers.
On the wrapper for Reese’s Peanut Butter Pumpkins, which was submitted to U.S. District Court for the Middle District of Florida, you can clearly see an image of a chocolate pumpkin with two triangles and a squiggly line carved out as its eyes and mouth. But when you look at the actual peanut butter-filled pumpkin, there are no carvings whatsoever.
In Kelly’s lawsuit, she declared that she “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—led by attorney Anthony Russo—seeks class-action status for those “tricked and misled” by Hershey’s packaging. No stranger to class-action lawsuits, Russo was recently at the helm of a false advertising lawsuit filed against Burger King.
In addition to the Reese’s Peanut Butter Pumpkins, additional products included in Kelly’s lawsuit include Reese’s White Pumpkins, Pieces Pumpkins, Peanut Butter Ghost, and White Ghost.