By Jonathan Stempel
NEW YORK (Reuters) -Hershey defeated a lawsuit claiming it misled consumers who were disappointed the Halloween-themed Reese’s peanut butter candies they bought lacked the decorative details shown on the labels.
U.S. District Judge Melissa Damian ruled on Friday that the plaintiffs did not show they suffered economic harm because their pumpkin-shaped candies, which they thought would contain “artistic carvings” of triangular eyes and crooked mouths, were blank.
The May 2024 lawsuit challenged the lack of details on nine Reese’s products, including a bat-shaped candy missing eyes, a ghost-shaped candy missing eyes and a mouth, and a football-shaped candy that resembled an egg because it had no stitching.
Damian also said the subjective belief of the plaintiffs that they overpaid did not support their claims, or give them standing to sue.
“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,” the Miami-based judge wrote.
The proposed class action by Florida residents Nathan Vidal and Eduardo Granados sought at least $5 million in damages. Damian said they may seek to file an amended complaint.
Anthony Russo, a lawyer for the plaintiffs, called the ruling procedural, and said his clients will review their next steps.
Hershey and its lawyers did not immediately respond to requests for comment.
In seeking a dismissal, Hershey said the plaintiffs ignored disclaimers on packaging that the carvings were a “DECORATING SUGGESTION.”
The Hershey, Pennsylvania-based company also said the plaintiffs, in the end, got what they paid for: “delicious Reese’s candy.”
The case is Vidal et al v Hershey Co, U.S. District Court, Southern District of Florida, No. 24-60831.
(Reporting by Jonathan Stempel in New YorkEditing by Marguerita Choy)
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