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Hershey Adds New Disclaimer to Reese’s Peanut Butter Pumpkins After Lawsuit Dismissals
By Drooid · · How we work
New Disclaimer on Seasonal Candy
Hershey’s Reese’s Peanut Butter Pumpkins now display a front-package notice that reads “Carving not on actual product,” positioned beneath an illustration of a pumpkin-shaped candy with jack-o-lantern eyes and mouth. The wording replaces the earlier “Decorating Suggestion” disclaimer that had appeared on the same seasonal items. Hershey has not publicly explained why the label was altered, though the change arrived shortly after the latest court dismissal of a related lawsuit.
Legal Background and Prior Lawsuit
Plaintiffs claimed the packaging suggested the candies featured carved facial details that were absent, and they sought $5 million in damages, representing alleged sales of the products in Florida since 2021. The case was dismissed twice by U.S. District Judge Melissa Damian, first in September 2025 and again in September 2026, on the basis that the plaintiffs did not demonstrate a concrete economic injury beyond “subjective disappointment.”
Official Positions from Hershey and the Court
Hershey argued that a reasonable consumer would interpret the images as decorative suggestions rather than an exact depiction of the candy, emphasizing that the products were not defective or inedible. Judge Damian’s rulings highlighted the lack of proven financial loss, stating the plaintiffs’ alleged injury was purely emotional and that they had not shown they paid a premium for the missing decorative details.
Potential Appeal and Future Outlook
The plaintiffs’ attorney, Anthony J. Russo Jr. of The Russo Firm, expressed disappointment with the dismissals and indicated that an appeal is being considered. No further comment from Hershey has been obtained regarding the new disclaimer or the possibility of future litigation.