A Woman Sued Reese’s for Not Being Spooky Enough and Lost
Florida resident Cynthia Kelly bought Reese’s Peanut Butter Pumpkins expecting them to resemble the grinning jack-o’-lanterns pictured on the wrapper. What she unwrapped, however, was a smooth, featureless piece of chocolate. Instead of overlooking it, she filed a $5 million class-action lawsuit against Hershey, claiming the candy’s appearance failed to match its packaging.
The complaint accused Hershey of false advertising and alleged that Reese’s Halloween treats were misleading because the wrappers showed ghosts, pumpkins, and bats with detailed faces while the candies were plain.
By 2025, Cynthia Kelly’s original 2023 complaint had expanded into a broader class-action lawsuit, Vidal et al v. Hershey Co., involving multiple plaintiffs. In September 2025, U.S. District Judge Melissa Damian dismissed that complaint, siding with Hershey’s arguments but allowing the plaintiffs to amend their filing.
The Case of the Faceless Pumpkins
Image via Wikimedia Commons/Famartin
Kelly filed her lawsuit in late 2023, asserting that she would not have purchased the candy had she known the jack-o’-lantern faces were printed artwork rather than molded chocolate details. Her attorney, Anthony Russo—who had previously led a false advertising lawsuit against Burger King—argued that Hershey’s packaging misled consumers into believing the candies were designed exactly as pictured.
The complaint included other seasonal products such as Reese’s White Ghosts and Peanut Butter Bats. Kelly maintained that the candy’s appearance was a defining feature and that customers had a right to expect what was advertised on the wrapper.
A Sweet Legal Win for Hershey
Kelly’s initial 2023 lawsuit was filed in the Middle District of Florida, and a related, expanded case moved forward in the Southern District of Florida in 2024.
This later class-action reached federal court and was decided in 2025. U.S. District Judge Melissa Damian ruled that the plaintiffs failed to demonstrate financial harm. She wrote that disappointment over a product’s appearance did not amount to economic injury because the candies were still edible and tasted as expected. The judge also referenced Hershey’s “decorating suggestion” disclaimer on the packaging, which clarified that the printed images were not guaranteed representations of the actual product.
Hershey argued that buyers received exactly what they paid for—chocolate and peanut butter. The court dismissed the case but allowed the plaintiffs to amend and refile. Russo stated that his clients intended to do so, describing the ruling as procedural.
Trick, Treat, or Technicality
Image via Wikimedia Commons/MatthewHoobin
The lawsuit drew significant media attention and sparked public debate about the limits of creative marketing. When packaging depicts a carved pumpkin, many consumers may assume the candy mirrors that design, but companies often use stylized imagery for seasonal appeal.
While the case made headlines, there was no indication that Hershey’s reputation suffered or that consumer enthusiasm diminished. The brand continues to dominate the Halloween candy market, and its Reese line remains one of the most popular seasonal treats in the United States.