A Florida woman has sued confectionery company Hershey for apparent 'misleading' packaging on its Reese's chocolate. Cynthia Kelly filed the class action lawsuit, claiming that the company's holiday chocolates were falsely advertising an intricate design that was not included on the products themselves.
When creating standout packaging design, creativity is key, yet Hershey's recent controversy proves that intriguing design cannot oversell the reality of the product. With a multitude of deceptive examples, it seems that Hershey's chocolates may be more of a trick than a treat.
New Reese’s “football”, more like Fall’s Easter egg from r/ExpectationVsReality
According to the New York Post, Kelly has sued the company for $5 million after providing extensive evidence of Hershey's deceiving packaging. The legal documents cite Reese's Halloween chocolates as the predominant offenders of this deceit. Packaging examples depict eyes and mouth cutouts on the pumpkin and ghost chocolates that do not appear on the product itself, which the lawsuit claims would've deterred Kelly from purchasing, had she known the truth.
It's not just Kelly who felt cheated by the misleading design, as the lawsuit also cites a number of YouTube videos featuring disappointed consumers discovering bare chunks of chocolate. One creator called the pumpkin design a "monstrosity" while a disgruntled Reddit user compared the brand's seasonal football design to an egg. The lawsuit alleges that the revamped packaging was an effort to "boost sales and revenue" and in turn, purposefully mislead consumers.
The case is currently under investigation as a class action lawsuit due to its large-scale disruption. Hershey's has declined to make a public statement and at present, it's unclear how the case will resolve. For more design controversy, take a look at the Yellowstone logo drama that has baffled fans or take a look at the big brands with surprisingly similar logos.