A federal judge has unwrapped a win for Hershey, tossing out a lawsuit that accused the company of tricking customers with the packaging of its Reese's Halloween treats. The lawsuit, filed last year, claimed Hershey's wrappers—decked out with jack-o'-lanterns, ghosts, and other festive faces—set expectations the actual candies couldn't meet, CBS News reports. Unwrap a Reese's Peanut Butter Pumpkin or White Ghost, the plaintiffs said, and you'd find a blank pumpkin or ghost-shaped chocolate, not the "explicit carved-out artistic designs" shown on the bag.
US District Judge Melissa Damian ruled the plaintiffs hadn't shown they suffered "a concrete economic injury." While she acknowledged buyers might have been let down by the lack of spooky details, the candies themselves still tasted as expected. "Put simply, plaintiffs do not allege that the products were unfit for consumption, did not taste as plaintiffs expected, or otherwise were so flawed as to render them worthless," she wrote, per Reuters. "Plaintiffs' conclusory allegations as to why they have allegedly been deprived of the benefit of their bargain all boil down to their subjective, personal expectations of how the products would or should have looked when unpackaged," the judge wrote.
Reese's argued that the plaintiffs had ignored disclaimers stating that the carved designs were a decorating suggestion, reports Reuters. The company said they got the "delicious Reese's candy" they paid for. The legal team behind the suit isn't giving up. They vowed to amend the complaint and continue pursuing the proposed class action lawsuit, which is seeking at least $5 million in damages. "We believe that companies should not be awarded with sales when they falsely represent the main characteristic of the product," said attorney Anthony Russo.
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