Hershey sued for selling Reese’s Peanut Butter Cups without “pumpkin face”

(CNN)- Cynthia Kelly thought she was buying Reese’s Peanut Butter Pumpkins for Halloween, which feature the mouth and eyes of a “good” pumpkin, as seen on the product’s packaging.

But when he opened it he was horrified to see that there was no carved pumpkin in it. It was a normal looking piece of chocolate.

Now, Kelly has filed a lawsuit against Hershey, the maker of Reese’s, alleging that the company misrepresented several of its Christmas-themed products on the packaging: Reese’s Peanut Butter Pumpkins, White Pumpkins, Pies Pumpkin, Peanut Butter Ghost, White Ghost and others. ,

“Kelly would not have purchased the Reese’s Peanut Butter Pumpkin product if he had known it did not contain the detailed mouth and/or eye shapes shown on the product label,” the lawsuit states.

The lawsuit, filed in federal court in Florida, seeks class-action status on behalf of “numerous consumers (who) have been misled and confused by the images on the products’ packaging.”

Hershey declined to comment to CNN about the lawsuit.

Hershey joins a growing list of food brands being sued for false advertising, including Taco Bell, Wendy’s, McDonald’s, Burger King and Arby’s. The lawsuits allege that these companies use advertisements that do not match their actual food.

Hershey’s litigation attorney Anthony Russo has led the effort.

For a judge or jury to side with the plaintiff in false advertising claims, attorneys must successfully prove that the advertisements would deceive a “reasonable consumer.”