Hershey updates Reese’s Pumpkin packaging with new disclaimer after Florida lawsuit

In 2024, four Florida consumers filed a $5 million lawsuit against Hershey, accusing the company of deceptive marketing for Reese’s Peanut Butter Pumpkins that displayed carved jack-o-lantern faces on the packaging but were sold blank. Hershey later revised the wrapper, replacing the former “Decorating Suggestion” label with a new disclaimer stating “Carving not on actual product.” The confectioner has not publicly explained the wording change.

Florida District Judge Melissa Damian dismissed the suit for a second time on Sept. 16, ruling that the only injury claimed was the plaintiffs’ “subjective disappointment.” Nathan Vidal, one of the plaintiffs, said he bought three bags in 2023 expecting the carved design. Hershey maintained that customers received exactly what they paid for: edible treats. Attorney Anthony Russo Jr. told reporters the plaintiffs are discussing a potential appeal.