Florida judge dismisses lawsuit over faceless Reese's pumpkins

MIAMI - A federal judge has dismissed a lawsuit accusing Hershey of misleading consumers by selling Reese’s Halloween-themed peanut butter pumpkins without the carved eyes and mouths shown on their packaging.

Earlier this week, U.S. District Judge Melissa Damian ruled that the two Florida consumers who brought the proposed class-action lawsuit did not have legal standing to pursue their claims. Nathan Vidal and Eduardo Granados argued that they paid more for the candy because of the decorative designs pictured on the packages.

Judge dismisses lawsuit over faceless Reese’s pumpkins

What they're saying:

"Accepting plaintiffs’ allegations as true, it is clear that ​their only injury is their subjective disappointment," Damian wrote in the court order granting a motion to dismiss. "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 added, "What’s more, Plaintiffs include a photograph of what they actually received, and while the product may not have the "cool looking carving of a pumpkin’s mouth and eyes," it does have a novel pumpkin shape. At bottom, Plaintiffs have not alleged sufficient facts to show that they were deprived of the benefit of their bargain when they purchased the Reese’s Peanut Butter Pumpkins." 

The judge also rejected the consumers’ argument that they had paid as much as 25% too much for the candy. Vidal and Granados pointed to prices at retailers including Target and Walmart and Hershey’s online store, but Damian noted that they had purchased their Reese’s pumpkins at Publix.

The other side:

James Kelly, a lawyer for the plaintiffs, said his clients were disappointed with the latest 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, according to Reuters.

Hershey’s previously said carved faces were ‘decorating suggestion’

The backstory:

Damian dismissed an earlier version of the lawsuit last September, and the plaintiffs later filed an amended version.

The lawsuit focused on Reese’s Peanut Butter Pumpkins, one of more than 20 Halloween-themed products Hershey introduced for this year’s holiday season.

In court filings, Hershey argued that the packaging made clear that the carved faces were merely a "decorating suggestion." The company also said a reasonable consumer would not interpret the images as a guarantee that the candy itself would contain the decorative features.

In April, Hershey, the Pennsylvania-based company, said it would be making changes to its sweets portfolio in 2027, including transitioning to natural colors and enhancing Kit-Kat’s recipe to make it creamier.

The company said it also planned to increase its research and development funding by 25%.

That same month, Hershey also said it would be shifting back to its classic Reese’s recipe after the grandson of the candy’s founder criticized the company for switching to cheaper ingredients. 

RELATED: Reese's will shift back to classic recipe after backlash, Hershey says

In February, Brad Reese said he threw out a bag of Reese’s Mini Hearts, a special Valentine’s Day release, because "it was not edible."

"How does The Hershey Co. continue to position Reese’s as its flagship brand, a symbol of trust, quality and leadership, while quietly replacing the very ingredients (Milk Chocolate + Peanut Butter) that built Reese’s trust in the first place?" Reese wrote in the letter posted to his LinkedIn profile.

Hershey acknowledged some recipe changes but said it was trying to meet consumer demand for innovation.

ConsumerU.S.Florida