Full Breakdown
Hershey Adds Disclaimer to Reese’s Pumpkin Packaging After Lawsuit
By Drooid · · How we work
Packaging Change Explained
Hershey’s seasonal Reese’s Peanut Butter Pumpkins now carry a disclaimer reading “Carving not on actual product” beside the illustration of a pumpkin-shaped candy with jack-o-lantern eyes and mouth. The wording replaces the earlier phrase “Decorating Suggestion” that appeared on the wrapper, as shown on the company’s Hersheyland website.
Legal Background
Two Florida consumers, Nathan Vidal and Eduardo Granados, filed a proposed class-action suit in May 2024 alleging that the packaging’s carved-pumpkin image misled buyers into paying up to 25 % more for a product that lacked the depicted designs. The complaint sought $5 million, arguing that the novelty and “cool and beautiful carved-out designs” were central to the purchase decision. U.S. District Judge Melissa Damian dismissed the case in September 2025, finding the plaintiffs had not demonstrated a concrete injury beyond subjective disappointment.
Official Statements & Responses
Judge Damian’s order emphasized that the plaintiffs did not allege a defective or worthless product and that the only harm was emotional. She wrote: “Accepting plaintiffs’ allegations as true, it is clear that their only injury is their subjective disappointment,” — Melissa Damian, district judge — Melissa Damian, district judge. Hershey did not provide a comment when contacted for comment.
Verbatim Quotes
- “Accepting plaintiffs’ allegations as true, it is clear that their only injury is their subjective disappointment,” — Melissa Damian, district judge
- “They were “aggrieved” that the candy lacked what they called “cool and beautiful carved-out designs” on the packaging, per the order," PEOPLE wrote.” that the candy lacked what they called “cool and beautiful carved-out designs” on the packaging, per the order,” — PEOPLE — PEOPLE, reporting on the court order.