Maybe $5 million will turn Cynthia Kelly’s smile upside down.
That’s the amount she is seeking from candy maker Hershey over “false and deceptive advertising,” according to Deseret News.
Last week, Kelly filed a class-action lawsuit in which she maintains that she bought a bag of the Reese’s Halloween candy after noticing the “cute looking carving of a pumpkin’s mouth and eyes” on the product’s packaging. But when she got the product home, she was dismayed to find that the smiling jack-o-lanterns were limited to the packaging alone. The candy itself was undecorated disks of chocolate with a peanut butter filling.
Although the suit sounds frivolous, there is no denying that the packaging does make it appear that the candy inside will resemble carved pumpkins. The word pumpkins even appears on the label.
The suit is not the first that has been brought against Hershey for misleading labeling. Last October, the candy maker found itself in hot water over its promotion of a $25,000 sweepstakes it was sponsoring. The packages were plainly labeled “You could win $25,000” but failed to advise the consumer that “no purchase is necessary,” which is a requirement under federal law and the laws of many states.
See also…
Reese’s $25,000 Sweepstakes May Violate State and Federal Laws
