(CNN) – Cynthia Kelly thought she was buying Reese’s Peanut Butter Pumpkins for Halloween with a “beautiful” pumpkin mouth and eyes shape, as stated on the product packaging.
But when he opened it, he was horrified to discover that the carved pumpkin was not there. It was an ordinary looking piece of chocolate.
Now Kelly has filed a lawsuit against Hershey, the maker of Reese’s, alleging that the company falsely represented several of its Christmas products on packaging: Reese’s Peanut Butter Pumpkins, White Pumpkins, Pumpkin Pieces, the Peanut Butter Ghost, the White Ghost and others. .
Kelly “would not have purchased the Reese’s Peanut Butter Pumpkins product if she had known that it did not have detailed mouth and/or eye measurements listed on the product label,” the lawsuit states.
The lawsuit, filed in federal court in Florida, seeks class action status on behalf of “numerous consumers (who) were misled and confused by product packaging images.”
Hershey declined to comment to CNN about the lawsuit.
Hershey joins a growing list of food brands being sued for false advertising, including Taco Bell, Wendy’s, McDonald’s, Burger King and Arby’s. The lawsuits allege that these companies use advertising that is inconsistent with their actual food.
This effort was led by Hershey attorney Anthony Russo.
In order for a judge or jury to side with plaintiffs in false advertising claims, attorneys must successfully prove that the advertisement would deceive a “reasonable consumer.”