Damian pointed out that while the consumers may have been disappointed by the chocolates' unwrapped appearances, the candies were not "so flawed as to render them worthless."
In other words, the chocolate still tasted like chocolate, even if they weren't as haunting as the purchasers had expected from the packaging.
A 2024 lawsuit alleged Hershey had engaged in deceptive advertising by depicting chocolate pumpkins with carved faces, when the unwrapped chocolates were blank.
The lawsuit focused on several Hershey candies that are marketed around Halloween, including its Reese's Peanut Butter Pumpkins and its Reese's White Ghost, as well as a few other holiday-themed chocolates like its Reese's Peanut Butter Shapes Assortment Snowmen Stockings Bells.
The original lawsuit, filed in 2024, claimed that Hershey used deceptive advertising because the "artistic designs" depicted on the wrappers were absent from the actual candies.
Anthony Russo, an attorney for the consumers who sued Hershey, said that they intend to amend the complaint.
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