Hershey Not Liable for Reese's Halloween Candies Without Carved Faces, Judge Rules

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Hershey Not Liable for Reese’s Halloween Candies Without Carved Faces,
Hershey's chocolate bars are shown on July 16, 2014 in Chicago, Illinois. Hershey Co., the No.1 candy producer in the U.S., is raising the price of its chocolate by 8 percent due to the rising cost of cocoa. Scott Olson/Getty Images)

A federal judge has dismissed a lawsuit against The Hershey Company over Halloween-themed Reese's candies that didn't have the carved faces shown on the packaging.

The case, filed in May by two Florida residents, claimed that some Reese's holiday candies—like pumpkins, ghosts, and bats—didn't include the eyes, mouths, or other decorative features that were pictured on the wrappers.

According to Reuters, the plaintiffs, Nathan Vidal and Eduardo Granados, argued they felt misled and believed they paid too much for candies that didn't look as advertised.

But US District Judge Melissa Damian said the lawsuit didn't show any real harm.

"Put simply, plaintiffs do not allege that the products were unfit for consumption, did not taste as plaintiffs expected, or otherwise were so flawed as to render them worthless," Damian wrote in her ruling on Friday.

The judge also noted that customers still received and ate Reese's peanut butter candies—just without the artistic designs. Because of that, she said there was no evidence of actual financial loss.

Judge Tosses Lawsuit Over Reese's Halloween Candy Designs

Vidal and Granados had hoped to form a class action and were seeking at least $5 million in damages.

Their lawsuit mentioned nine Reese's products, including a ghost candy with no eyes or mouth and a football-shaped treat that looked more like an egg due to missing stitching details.

Hershey pushed back, saying the packaging clearly included a disclaimer that the spooky faces and details were only a "DECORATING SUGGESTION."

The company also said the candy itself was not affected and still tasted as expected, GlobalBankingandFinance reported.

In a statement earlier in the case, Hershey said customers got what they paid for—"delicious Reese's candy."

The judge's decision doesn't stop the plaintiffs from continuing their legal fight. Damian said they may try to file an amended complaint. Anthony Russo, a lawyer representing Vidal and Granados, said the ruling was "procedural" and that his clients are considering their next steps.

Hershey has not yet commented publicly on the outcome.

The case is officially listed as Vidal et al v. Hershey Co, U.S. District Court, Southern District of Florida, No. 24-60831.

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