Chocolate giant Hershey is being sued by a disgruntled customer who said its Halloween-themed peanut butter treats didn’t match the packaging.
Cynthia Kelly, from Florida, argues she bought them because she liked the “artistic designs” of the holiday sweeties.
She was especially fond of the “cute looking” eyes and mouth shown on the packets of the peanut butter pumpkins, prompting her to spend $4.49 (£3.52) on them at an Aldi supermarket.
When she opened the bag, she found not only were the facial features missing – there were no carvings whatsoever.
Her legal case, a class action lawsuit seeking at least $5m (£3.9m, or 1.1 million bags of peanut butter pumpkins), accuses the choccies conglomerate of being “materially misleading”.
“Numerous consumers have been tricked and misled by the pictures on the products’ packaging,” it adds.
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Ms Kelly is not only citing the Halloween treats in her case, but a football-themed peanut butter product that doesn’t actually feature the laces seen on the packs.
Her case, filed in Tampa, also references several videos on YouTube.
She is seeking damages for anyone in Florida who’s bought items including Reese’s peanut butter pumpkins, peanut butter bats, peanut butter footballs, and a Christmas assortment of peanut butter snowmen, stockings, and bells.
Hershey has not commented on the case.
