Hershey won a lawsuit in which it was alleged that she cheated consumers who felt disappointed because peanut butter sweets with Halloween theme that they bought did not have the decorative details shown on the labels.
The US district judge, Melissa Damian, failed on Friday that the plaintiffs did not prove to have suffered economic damage because the sweets shaped like pumpkin that they bought, who thought they would have “artistic engravings” with triangular eyes and crooked mouths, were blank.
The lawsuit, presented in May 2024, questioned the lack of details in nine Reese’s products, including a sweet -shaped sweet -shaped dulce, a ghost -shaped -shaped mouth, and a candy -shaped American football ball that looked like an egg for not having seams.
Damian also pointed out that the subjective belief of the plaintiffs that they paid more not supported their claims or gave them legitimation to sue.
“In a nutshell, the plaintiffs do not allege that the products were not suitable for consumption, that they did not know how they expected, or that they were so defective as to consider them useless,” wrote the judge based in Miami.
The collective claim proposed by the residents of Florida Nathan Vidal and Eduardo Granados sought at least 5 million dollars in damages. Damian said they could try to file a minusted demand.
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Anthony Russo, lawyer’s lawyer, described the decision as procedural and said that his clients will evaluate his next steps.
Hershey and their lawyers did not immediately respond to comments requests.
In his attempt that the case be dismissed, Hershey argued that the plaintiffs ignored the warnings in the packaging that said that the sizes were just a “decoration suggestion.”
The company, based in Hershey, Pennsylvania, also noted that, in the end, the plaintiffs received what they paid: “delicious sweets Reese’s”.
The case is Vidal et al v. Hershey CO, US District Court, South District of Florida, No. 24-60831.
With Reuters information.
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