A woman from Florida is suing Hershey Co. and seeking $5 million in damages for deceptive advertising.
The story began on Halloween when Hershey released Reese’s chocolates in packaging that suggested each candy had a carved pumpkin face, allowing the famous peanut butter filling to show through the eyes and mouth of the pumpkin. In reality, the pumpkins, ghosts, bats, and other Halloween treats that Hershey Co. produces have vague shapes and no faces in sight.
“This is a class action against Hershey for falsely representing various Reese’s peanut butter products as containing explicit artistic designs when no such carvings exist on the actual products,” the lawsuit states.
It is still unclear whether the case will be heard by a judge, let alone if what the plaintiff is asking for—$5 million in damages—will be paid in the event of a victory.
Deceptive advertising in the food industry
Hershey joins a growing list of food brands that are being sued for deceptive advertising: Taco Bell, Starbucks, McDonald’s, Burger King, and Subway have been fighting claims in recent years.
The attorney, Anthony Russo, who is representing the plaintiff in the case against Hershey Co. and also works on other cases against food companies, says his firm receives about 100 calls a month involving this type of case. He adds that American consumers used to buy things with confidence, but the modern reduction in corporate profits has cost consumers the quality of some products.
According to recent research, he is not wrong about the invasion of deceptive advertising. And it’s not just in the food market.
In 2018, the Federal Trade Commission (FTC) sued a subscription apartment rental site that was “filled with inaccurate or unavailable listings,” and last year fined Roomster for false listings and reviews.
Last month, a group filed a complaint with the FTC against Toyota for allegedly marketing hybrid vehicles with internal combustion engines as EVs.
The California DMV wants Tesla to stop using the term “Full Self-Driving” to describe its automated driving feature, which requires some driver interaction. Elon Musk claims this violates Tesla’s right to free speech.
And Anthony Russo himself is representing a class action against Burger King, alleging that the company uses deceptive advertising to represent its food as larger than it actually is.
So, if you think your money should buy what is advertised, don’t think twice. Sue those who are not delivering on their promises.
Source: npr