"Reese's maker the Hershey Co. didn't buy it. The confectioner noted the Halloween-themed packaging also included images of uncarved pumpkin chocolates and a disclaimer reading "decorating suggestion" to indicate the carvings were an idea to try yourself. The class-action suit claimed the "decorating suggestion" disclaimer was printed in tiny letters on the back and thus inadequate, but a judge didn't agree and wrote that these consumers ultimately got what they were after: edible candy."
""Plaintiffs paid for a consumable good, and in return, they received a delicious, edible Reese's product," Judge Melissa Damian wrote in her order granting a motion to dismiss on September 26. "Plaintiffs have failed to allege facts demonstrating a concrete injury." It's common for packaged foods to include disclaimers like "enlarged to show texture" and "product may not appear exactly as shown" for exactly this reason. No, your Cheerios aren't actually that big, and"
Shoppers filed a late-2023 class-action alleging Reese's Peanut Butter Pumpkins packaging showed jack-o'-lantern faces that the chocolates did not have. Plaintiffs sought $5 million, asserting the wrappers were deceptive and the "decorating suggestion" disclaimer was too small. Hershey argued the packaging also displayed uncarved chocolates and included a "decorating suggestion" notice. A federal judge dismissed the claims, finding consumers received the edible product they paid for and that plaintiffs failed to allege a concrete injury. Packaged foods commonly include disclaimers about appearance to prevent such claims.
Read at Fast Company
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