Hershey’s has introduced a new disclaimer on the packaging of its Reese’s Pumpkins, following the dismissal of a class-action lawsuit that alleged misleading marketing practices. The updated packaging now features the phrase “Carving not on actual product,” replacing the previous disclaimer, “Decorating Suggestion.” This change aims to clarify that the whimsical jack-o-lantern design displayed on the packaging is not reflective of the actual appearance of the chocolates within.
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The alterations were first reported by USA Today, with further details available on Hershey’s official website. Despite the timing of the modification, the Hershey Company has not confirmed whether the new wording is directly linked to the lawsuit, which was dismissed by a Florida judge earlier in September.
The lawsuit was initiated by a group of plaintiffs who argued that the packaging led consumers to expect intricate carved designs on the chocolates, which they claimed were not present in the actual products. Their grievances revolved around the notion that the lack of these designs constituted deceptive marketing, prompting potential buyers to feel misled regarding the novelty of the Halloween-themed treats.
Court documents reveal that the concept for the lawsuit began in May 2024 and underwent several amendments before being dismissed in September 2025. The plaintiffs voiced their disappointment, stating that they were led to believe that the chocolates would be adorned with whimsical carvings, which would provide added aesthetic value for parties or celebrations.
Specifically, the plaintiffs claimed that had they known the chocolates would not feature these designs, they would either have refrained from purchasing the items or would have been willing to pay less for them. They suggested that the items possessed an inflated price due to their expected decorative appeal, rather than merely being seen as standard chocolate and peanut butter confections.
However, the court found that the plaintiffs did not adequately demonstrate any actual harm from the perceived deception. It stated that they had not shown a valid connection between the packaging and the alleged premium price they paid. The ruling noted that the plaintiffs’ arguments were largely based on subjective interpretations of the packaging and their resulting disappointment.
In its response to the amended complaint, Hershey maintained that the plaintiffs did not suffer any tangible injury from their purchase. They pointed out that customers could seek refunds from retailers if they were dissatisfied. The judge’s ruling upheld Hershey’s assertion that claims of a price premium were “insufficient,” since the complaints stemmed from an emotional reaction rather than an actual defect inherent to the product.
Furthermore, the court clarified that the plaintiffs did not contend that the Reese’s Pumpkins were defective due to the absence of carvings. Instead, Hershey successfully articulated that the products retained their own appeal with a unique pumpkin shape, thereby rendering the plaintiffs’ concerns unfounded.
Ultimately, the court concluded that the core of the complaint was grounded in subjective disappointment rather than any substantive grievance over the product’s value. The judge noted that the plaintiffs had failed to present evidence of significant harm or discontent arising from the disparity between expectations and reality regarding the product’s appearance.
As of now, Hershey has not issued an official comment regarding the changes to the packaging or the court’s dismissal of the lawsuit. The modifications appear to be an effort to ensure clarity and consumer satisfaction, rather than an admission of misleading practices.
As Halloween approaches, the updated packaging of Reese’s Pumpkins may provide a clearer message to consumers while underscoring the ongoing complexities surrounding product marketing and consumer expectations in the confectionery industry.