A federal judge has cleared the way for Hershey’s to revive its chocolate pumpkins this Halloween.
A consumer lawsuit against the chocolate giant had alleged the packaging for Reese’s Peanut Butter Pumpkins was misleading.
The plaintiffs alleged that packaging showed chocolates with detailed designs that were not present on the actual candy, USA Today reported.
Nathan Vidal of Florida said he bought three bags of Reese’s chocolate pumpkins because he believed they would feature the eyes and mouth shown on the package.
The lawsuit said the actual chocolates were blank.Hershey argued that reasonable consumers would understand the images as suggestions and pointed to a “Decorating Suggestion” disclaimer on the packaging.
The company also argued customers received exactly what they paid for: Reese’s candies that were not defective or inedible, the paper’s Anthony Thompson reported.
U.S. District Judge Melissa Damian dismissed the case, finding the plaintiffs had not shown they suffered a financial loss from buying the peanut butter pumpkins.
