Hershey Added Disclaimer to Reese’s Packaging
A federal judge recently dismissed a lawsuit alleging deceptive marketing regarding the candy's appearance.
Updated on Oct. 6, 2026 in Consumer Goods
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Hershey has updated the packaging for its Reese’s Peanut Butter Pumpkins to include a disclaimer that the face on the product is not carved. This change follows a federal judge’s dismissal of a deceptive marketing lawsuit in Florida.
Why it matters
The lawsuit centered on whether consumers were misled by packaging illustrations that differed from the actual product. The court ruled that the plaintiffs experienced subjective disappointment rather than legally actionable financial injury.
The plaintiffs sought $5 million in total damages related to alleged deceptive advertising practices. The case spanned legal actions dating back to a May 2024 filing.
The players
Hershey
The company is a major American multinational manufacturer known for its chocolate and confectionery products.
Melissa Damian
She is a U.S. District Judge in Florida who presided over the deceptive marketing litigation.
The details
The new disclaimer, which reads 'Carving not on actual product', sits on the front of the packaging beneath a rendering of the candy showing a carved face. It replaces previous, less specific language that had identified the illustration as a 'Decorating Suggestion'.
Timeline
May 2024: Plaintiffs filed the initial lawsuit against Hershey.
September 2025: A judge first dismissed the deceptive marketing case.
October 2025: Plaintiffs filed an amended complaint.
September 16, 2026: Judge Melissa Damian dismissed the amended lawsuit.
October 6, 2026: The new disclaimer was observed on product packaging.
Market Landscape
This case follows a pattern established by the 2024 federal deceptive marketing class action standards regarding the threshold for consumer financial injury. The ruling highlights the judiciary's increasing reliance on distinguishing between subjective consumer disappointment and verifiable material harm.
Shoppers in Florida and elsewhere will now see clearer labels on holiday-themed candies, though product ingredients and quality remain unchanged. The dismissal means that consumers do not have grounds for financial restitution based on the packaging illustration.
The takeaway
Companies are increasingly adding explicit disclaimers to packaging to mitigate the risk of litigation over illustrative marketing. Consumers should note that product packaging renderings are often illustrative suggestions rather than representations of the item inside the wrapper.
Further reading
For more on the regulatory environment surrounding product labeling, visit the /business/industry/consumer-goods/ section.
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