Sweetmaker Hershey faces a $5 million class-action lawsuit over misleading advertising.
Cynthia Kelly, of Florida, claims the chocolate giant’s Halloween-themed peanut butter treats failed to live up to the captivating packaging.
She contends the absence of the advertised “cute looking” eyes and mouth on the purchased peanut butter pumpkins.
Read More: Airbnb Fined A$15 Million For Misleading 63,000 Australian Customers
She spent $4.49 on the sweets at Aldi but says the packaging is “materially misleading.”
Kelly says she was keen on the “cute looking” eyes and mouth shown on the packets of peanut butter pumpkins, prompting her to spend $4.49 (£3.52) on them at an Aldi supermarket.
She says when she opened the bag, she found the facial features were missing
She claims there were no carvings whatsoever.
This suit, filed in Tampa, also argues that a football-themed peanut butter product lacks the promised laces depicted on the packaging.
Kelly’s lawsuit includes Reese’s peanut butter pumpkins, peanut butter bats, footballs, and a Christmas assortment featuring peanut butter snowmen, stockings, and bells.
The complaint says: “Numerous consumers have been tricked and misled by the pictures on the products’ packaging.”
Looking to boost your online brand? Create your FREE business profile at WhatBiz? here
Citing YouTube videos as additional evidence, Kelly seeks damages for Florida residents who purchased these items.
The lawsuit challenges Hershey’s marketing practices and raises questions about the accuracy of product representations.
Hershey has not commented on the case.
