In days gone by, it seemed like every Halloween came with a new version of the old tale about tainted candy or razor blades in apples. Instances of actual confirmation were always few and far between, with it happening to your friend’s uncle’s boss’s nephew’s friend or some other convoluted chain of people.
A proposed class-action lawsuit filed in 2024 alleged a new and terrible Halloween horror had arrived, and Hershey’s was to blame. Was it broccoli-flavored Twizzlers? Oatmeal balls? A Hershey’s chocolate bar with chunks of carrots and cauliflower? The suit claimed it was something much more heinous - gasp! - Reese’s Halloween candy treats lacking adequate decoration! Surely a grave omission such as no triangle eyes on a pumpkin-shaped Reese’s is an offense worth ::checks notes:: $5 million?
It’s a little bit earlier than usual, but Hershey can start celebrating Halloween in September this year. The venerable candy monolith was granted a dismissal without prejudice for a class-action lawsuit focused on product packaging on September 19, 2025, in the U.S. District Court for the Southern District of Florida. The plaintiffs, who were determined to lack standing, have 15 days to amend their complaint to contend that yes, there really is a wrong way to eat a Reese’s.
A Peanut Butter Cup By Any Other Name Would Still Taste as Sweet
Reese’s Peanut Butter Cups, originally called “penny cups,” were created in Pennsylvania in 1928 by a former employee of the Hershey Company. Their popularity rose during World War II as peanut butter was not rationed, allowing the cups to remain heavily produced. Hershey’s acquisition of the company in 1963 brought the product full circle. Clever advertising (“You’ve got peanut butter in my chocolate! You’ve got chocolate in my peanut butter!”) and a rabidly devoted customer base, combined with an ever-expanding array of products, have made Reese’s into the #1 confectionery brand. Sales of Reese’s peanut butter candies in 2019 placed just shy of $2 billion into parent company Hershey’s coffers.
In addition to the traditional and distinctively shaped Reese’s Peanut Butter Cup, the company produces Halloween-themed versions in different shapes and sizes. These include ghosts, bats, football-shaped candies, and, of course, pumpkins. Reese’s Halloween candy packaging for the pumpkins features an image of a chocolate-shrouded peanut butter cup in the shape of a pumpkin that features “artistic carvings” of the mouth and eyes present on a jack-o’-lantern. This, according to the lawsuit, was where Reese’s and Hershey’s violations of the Florida Deceptive and Unfair Trade Practices Act (FDUTPA) began.
What If You Ate Them in the Dark?
Nathan Vidal and Eduardo Granados, the named plaintiffs in the class-action suit, both claim that the images shown on the packaging of various packages of Reese’s Peanut Butter Halloween candies don’t match the actual treats: the pumpkin-shaped candies lack the “cool looking carvings,” the ghosts lack eyes, and so on. The plaintiffs alleged that had they known the artistic elements wouldn’t actually be on the candy, they would not have purchased it. In addition to reimbursement of the money spent, which ranged from $2.65 to $8, the lawsuit sought $5 million in injunctive relief.
In their motion to dismiss, Hershey argued that the plaintiffs got “delicious Reese’s candies,” which was exactly what they paid for. No part of the complaint charged that the candy was inedible, caused an illness, or was anything but visually disappointing. In addition to pointing out that most of the products have a disclaimer stating “DECORATION SUGGESTION” on the packaging, Hershey noted that the images provided by the plaintiffs in the lawsuit weren’t for the candy they claimed to have bought. These arguments, along with Hershey's suggestion that the plaintiffs had suffered no actual damages, were enough to convince the court that the lawsuit didn’t provide the plaintiffs with the standing to continue as drafted.
As the court dismissed without prejudice, the plaintiffs have 15 days to amend and refile their consumer protection lawsuit. Other pending motions, such as the class certification, were rendered moot and terminated. The refiling will determine whether the plaintiffs will end up tricked or treated by Reese’s products.
Related Resources
- It’s Unsweetened Tea for Plaintiff as Judge Rules for Arizona Beverages in “All-Natural” Lawsuit (FindLaw’s Law and Daily Life)
- Florida Deceptive Trade Practices Law (FindLaw’s Florida Law)
- Candy Safety Tips for Trick-or-Treating (FindLaw’s Law and Daily Life)
