The lawsuit’s been widely covered so usually I wouldn’t bother linking, but there’s been mockery over it, and the mockery is wrong.

Just look at the picture.

Almost anything you buy, the picture on the package is prettier than what’s inside, but the imagery on these candy wrappers is PhotoShop BS, a flat-out lie.

I stand with Cynthia Kelly, and hope Hershey pays her the $5M she’s asking.

Original link

Dec 29 (Reuters) - Hershey has been sued by a Florida woman who said its holiday-themed Reese’s peanut butter candies lack the artistic details shown on the packaging that make them worth buying.

In a proposed federal class action filed on Thursday and seeking at least $5 million, Cynthia Kelly accused Hershey of deceiving reasonable consumers by falsely promising that its candies would contain “explicit carved out artistic designs.”

She said she would not have paid $4.49 in October at an Aldi for a bag of Reese’s Peanut Butter Pumpkins, had she known that the candies not only lacked the “cute looking” carved eyes and mouth shown on the packaging, but any carvings at all.

The complaint said Hershey’s labels “are materially misleading and numerous consumers have been tricked and misled by the pictures on the products’ packaging.”

It cited several videos on Google’s YouTube, and included illustrations such as a Reese’s Peanut Butter footBall shaped like a football, but missing the laces shown on the packaging.

Hershey did not immediately respond on Friday to requests for comment. Kelly’s lawyer did not immediately respond to a similar request.

The plaintiff filed her lawsuit in the federal court in Tampa, Florida.

She is seeking damages for Florida purchasers of Reese’s Peanut Butter Pumpkins, White Pumpkins, Pieces Pumpkins, Peanut Butter Ghost, White Ghost, Peanut Butter Bats, Peanut Butter footBalls and Peanut Butter Shapes Assortment Snowmen Stockings Bells for violations of that state’s consumer protection laws.

Kelly’s lawyer has also filed lawsuits accusing Burger King and Taco Bell of selling food that when served looks less enticing than advertised.

The case is Kelly v Hershey Co, U.S. District Court, Middle District of Florida, No. 23-02977.

    • lemmyman@lemmy.worldEnglish
      372·
      10 months ago

      I’m not informed enough to dispute this, but I am interested in a source.

      Are you sure you weren’t just half the size back then?

      • Sterile_Technique@lemmy.worldEnglish
        44·
        10 months ago

        I think our brains are decently reliable taking size relative to our own growth into account. This isn’t Reese’s, but people noticed Cadbury eggs doing the same thing, and Cadbury gave the same explanation you did “they didn’t get smaller, you got bigger!” and it seemed like a plausible enough explanation, so no one really questioned it.

        …until some dude on Conan dug one of from several years prior and showed them side by side to reveal a significant reduction in volume lol:

        https://youtu.be/TlXLCrzpToo?t=258

        OP isn’t remembering the candy relative to his once-kid-sized body; it’s just shrinkflation. Again.

        • ColeSloth@discuss.tchncs.deEnglish
          10·
          10 months ago

          Well…totinos pizzas are 2 to 3 oz smaller than they used to be, el montero burritos used to come in 10 packs and not 8. M&M’s “share size” is about the same size as what m&m’s regular size was. Bacon used to pretty much exclusively come in 16oz packages and now most are 12oz. Cereal and chips for smaller while the packaging stayed the same size. Coffee went from 16 oz packages to 12oz and now many are even like 11oz. Some shredded cheeses keep trying to drop down to 7oz packages instead of 8oz. Fast food sizes are all down like fries and Wendy’s double stack burger that has gotten much smaller.

          I’m old enough that none of this was me just not remembering or that it all seemed bigger because I was a kid. This all gaped after I grew up.

          Also, dear totinos pizza: I’ll forgive you, but only if you start selling zesty Italian pizzas again. It’s been like 25 years. I want them back!