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The Hershey Co. has added a new disclaimer to Reese’s Peanut Butter Pumpkins following a legal battle over claims that images on the packaging did not match the actual candy.
Packages of the seasonal treat now feature the words “Carving not on actual product” next to an image of the pumpkin-shaped Reese’s with jack-o’-lantern-style eyes and a mouth, according to product images on the official Hersheyland website.
The disclaimer appears in small text on the front and back of the packaging.
It replaces previous language that read, “Decorating Suggestion,” according to court documents.
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FOX Business reached out to The Hershey Co. for comment.
The change comes after Hershey won the dismissal of a proposed class-action lawsuit brought by two Florida consumers. They alleged they were misled because the Reese’s pumpkins they bought did not include the decorative carvings pictured on the packaging, Reuters reported last month.
U.S. District Judge Melissa Damian in Miami ruled that plaintiffs Nathan Vidal and Eduardo Granados lacked legal standing to claim they overpaid for the candy.
The plaintiffs said they bought the Reese’s candy for the “novelty” of its “cool and beautiful carved-out designs.”
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“Accepting plaintiffs’ allegations as true, it is clear that their only injury is their subjective disappointment,” Damian wrote. “Plaintiffs do not allege that the Hershey’s Reese’s Peanut Butter Pumpkins that they purchased were defective or worthless or that they lost all economic value because of the absence of the decorative carvings.”
Damian also rejected their argument that they paid as much as 25% more for the products.
Hershey had argued in court filings that its packaging described the pictured carvings as a “decorating suggestion,” Reuters reported.
James Kelly, an attorney for the plaintiffs, said his clients were disappointed with the ruling and planned to appeal.
“Consumers in Florida deserve to get what they pay for, and it is troubling to see them left without protection,” he said.
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Damian also dismissed an earlier version of the lawsuit last September, according to Reuters.
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Hershey recently rolled out more than 20 Halloween-themed products ahead of the holiday.
Reuters contributed to this report.
