Hershey updates Reese’s pumpkin packaging with a new warning label, refusing to link the change to a recently dismissed lawsuit: ‘No actual harm’
No ‘real financial loss.’
Hershey has updated the packaging for its iconic Reese’s Peanut Butter Pumpkins by adding a new disclaimer that explicitly states, “Carving not on actual product.” According to PEOPLE, this change replaces the old “Decorating Suggestion” label that previously graced the front of the bags. The new text is situated directly underneath the image of the pumpkin-shaped treat, which features a carved jack-o-lantern face.
While this update arrived after a high-profile legal battle, Hershey has not officially confirmed that the lawsuit prompted the change. The legal drama started back in May 2024 when a group of Florida residents filed a lawsuit against the candy giant. Plaintiffs Nathan Vidal, Debra Kennick, Abdjul Martin and Eduardo Granados alleged that the company engaged in “unlawful, fraudulent, unfair, misleading and/or deceptive” advertising.
Specifically, the customers were upset that the actual chocolates inside the bags did not match the detailed, carved faces shown on the packaging. One plaintiff, Nathan Vidal, purchased three bags in 2023 because he “believed that the product contained a cool-looking carving of a pumpkin’s mouth and eyes.” When he opened the packages, he found the chocolates were completely blank.
The lawsuit went beyond just the pumpkin-shaped treats
The plaintiffs also raised concerns about other holiday shapes, including peanut butter ghosts, bats, footballs, and various winter items like snowmen, stockings, and bells. They were seeking $5 million in damages, which they claimed represented the total sales of these Reese’s products in Florida since 2021. It’s quite a massive demand for a bag of holiday candy.
The plaintiffs argued they wouldn’t have bought the items, or would have paid less, if they knew the chocolates lacked those “cool and beautiful carved-out designs.” They insisted they purchased the candy for the “novelty/party display value of the depicted faces, not merely for generic chocolate-and-peanut butter candy.”
On September 16, Florida District Judge Melissa Damian dismissed the amended complaint. This was actually the second time the case was dismissed, with the first instance occurring in September 2025. The court found that the plaintiffs failed to demonstrate that they suffered any real financial loss.
Judge Damian noted that the only injury the plaintiffs experienced was “their subjective disappointment.” The court further emphasized that the plaintiffs did not prove the candy was defective or valueless. They received the peanut butter and chocolate treats they paid for, even if those treats didn’t have the fancy carvings they expected.
Hershey maintained a firm stance throughout the proceedings
The company argued that reasonable consumers would understand the images on the packaging as mere suggestions. They pointed to the fact that the candy items still maintained a “pumpkin shape” even without the carvings.
Hershey also noted that the plaintiffs failed to show they were actually harmed, characterizing the lawsuit as something that “involves no actual harm and seeks relief for nothing more than subjective feelings of disappointment due to a selective, unreasonable, and fanciful interpretation of a product’s packaging.” The court agreed that the claims regarding a price premium were “insufficient” and based on nothing more than the plaintiffs’ subjective beliefs.
The legal journey for the plaintiffs might not be over just yet. USA Today reports that Anthony J. Russo Jr., the president of the firm representing the plaintiffs, stated on September 18 that the legal team is “disappointed” in the ruling. He confirmed that they are currently discussing the possibility of an appeal. Meanwhile, the new packaging has already hit the shelves as of October 6.
Hershey has not shared the specific reasoning behind the shift in messaging
The company did not immediately respond to requests for comment regarding the timing of this update. For now, any customer planning to pick up a bag of Reese’s Pumpkins at their next party will definitely see the new warning label front and center. It serves as a reminder that sometimes what you see on the bag is just a bit of artistic flair rather than a guarantee of the product’s design.
For those who do enjoy the classic taste of peanut butter and chocolate, the lack of a carved face probably won’t ruin the snack experience. However, the legal system has made it clear that customers’ disappointment over a missing carving is not enough to win a $5 million lawsuit. The case offers an insightful look at how consumer expectations and corporate marketing collide in the world of holiday snacks.
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