When Halloween rolls around, Reese’s always brings whimsical shapes like ghosts, pumpkins, and bats depicted in full spooky glory right on the packaging. But earlier claims said the treats inside lacked the carved eyes, mouths, and fancy details advertised, and that shoppers paid a premium for artistry that never materialized. Now a federal judge has dismissed a class-action lawsuit against Hershey, ruling that, despite consumer disappointment, the plaintiffs failed to prove they suffered any economic harm.
Reese’s Halloween candy lawsuit tossed after judge rules no economic harm
A federal lawsuit accusing Hershey of deceiving consumers with its Halloween-themed Reese’s candy has officially been dismissed. The class-action complaint, filed in 2024 by Cynthia Kelly of Tampa Bay in Florida’s Middle District Court, sought at least $5 million in damages and claimed that products such as Reese’s Peanut Butter Pumpkins and Ghosts were marketed with misleading imagery. Kelly alleged that the packaging showcased “cool, carved designs” — like jack-o’-lantern faces on pumpkins and eyes and mouths on ghosts — but the candies inside were plain and unadorned.
In a ruling issued on September 19, 2025, U.S. District Judge Melissa Damian sided with Hershey, granting the company’s motion to dismiss on the grounds that the plaintiffs had not demonstrated any real “economic harm.” Hershey’s defense emphasized that consumers still received “delicious Reese’s candy” that was neither defective nor lacking in flavor. The company also pointed to disclaimers on the wrappers, which described the designs as “decorating suggestions,” and noted that the packaging included images of the actual, uncarved candies.
The lawsuit went further, accusing Hershey of violating Florida’s Deceptive and Unfair Trade Practices Act. It cited YouTube videos from disappointed consumers and claimed that several products — including Reese’s White Pumpkins, Reese’s Pieces Pumpkins, Reese’s Peanut Butter Bats, Reese’s Peanut Butter Footballs, and even holiday assortments like Snowmen, Stockings, and Bells — were marketed with similar artistic designs that were not reflected in the candies themselves. Kelly maintained she “would not have purchased the Reese’s Peanut Butter Pumpkins product if she knew that it did not have the detailed carvings of the mouth and/or eyes pictured on the product label.”
Ultimately, Judge Damian’s ruling closed the case, reinforcing Hershey’s position that consumer disappointment alone does not equate to financial injury.
Plaintiffs’ attorney calls Hershey ruling a procedural decision
Plaintiffs’ attorney Anthony Russo emphasized that the court’s dismissal was procedural rather than a judgment on the substance of the claims. In a statement emailed after the decision, Russo said, “[W]e’re taking immediate steps to protect our clients and all consumers and ensure truthful, non-misleading labeling.”
Hershey rolls out playful 2025 Halloween collection
While the company was busy defending itself in court over packaging disputes, Hershey hasn’t let the legal battle dampen its festive spirit. Fresh off the lawsuit’s dismissal, the chocolate maker is rolling out one of its most playful Halloween assortments yet. This year’s lineup includes a nostalgic collaboration with Peanuts’ It’s the Great Pumpkin, Charlie Brown, featuring miniature Reese’s wrapped in themed designs. Hershey is also introducing Kit Kat Counts, a vampire-shaped version of the classic bar, and bringing back Twizzlers Ghosts, complete with spooky silhouettes. Other seasonal treats include Reese’s Mini Pumpkins Unwrapped for easy sharing and Hershey’s Nuggets Pumpkin Spice Latte, marking the first new fall harvest flavor in six years. With court battles behind it, Hershey is aiming to shift the spotlight back to shelves—where Halloween creativity takes center stage.
Source: Food Dive