You know that feeling when you buy a seasonal treat—maybe a Reese’s Pumpkin or a holiday ghost—and you're expecting those cute, carved-out eyes and a jagged little smile, but you unwrap it and it’s just... a blob? Most of us just sigh and eat it anyway. It’s chocolate and peanut butter, after all. But for one Florida woman, that "blob" was the catalyst for a multi-million dollar legal battle.
The Hershey's class action lawsuit didn't just pop up out of nowhere. It’s part of a massive wave of consumer pushback against "expectation vs. reality" in the snack aisle. If you’ve spent any time on TikTok or YouTube lately, you’ve probably seen the "de-influencing" videos where people rip into brands for food that looks nothing like the box.
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Honestly, it’s about time we talked about the fine line between "artistic license" and flat-out deception.
The $5 Million "Cute Face" Controversy
In late 2023, Cynthia Kelly filed a lawsuit in Florida that basically became the "main character" of the legal world for a few months. She bought a bag of Reese’s Peanut Butter Pumpkins at an Aldi for about $4.49. According to the filing, she thought she was getting the "explicit carved-out artistic designs" shown on the orange wrapper.
Instead, she got a smooth, featureless hunk of chocolate. She wasn't the only one feeling salty about it. The lawsuit actually cited several YouTube reviews where customers felt "lied to" because the ghosts didn't have eyes and the footballs didn't have laces.
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Hershey’s defense was pretty straightforward, if a bit blunt: They argued that the packaging included "decorating suggestions" and that, fundamentally, the customer still got what they paid for—delicious candy. They basically said that "disappointment" isn't the same thing as a legal injury.
What happened to the case?
Fast forward to late 2025. A federal judge in Florida, Melissa Damian, actually sided with Hershey. The court dismissed the case, ruling that the plaintiffs failed to show "concrete economic injury." Basically, the judge said that because the candy was still edible, safe to eat, and not "worthless," the fact that it lacked a smile didn't mean Hershey owed everyone five million bucks.
It’s a tough break for the "what you see is what you get" crowd, but it sets a massive precedent for how much brands can get away with on their packaging.
It’s Not Just About the Shapes: Heavy Metals and PFAS
While the Reese's shapes lawsuit got the most memes, there's a much heavier (literally) legal shadow over the company. If you're a dark chocolate fan, you might remember the 2022 Consumer Reports study that shook the industry. It found that several popular brands, including Hershey’s Special Dark and Lily’s (which Hershey owns), contained "concerning" levels of lead and cadmium.
This triggered a different kind of Hershey's class action lawsuit. These weren't about "cute faces"; they were about health risks.
- Lead often gets into chocolate during the drying process when dust and soil settle on the beans.
- Cadmium is usually absorbed directly from the soil by the cacao tree itself.
These cases have been a mixed bag in court. Some were dismissed because the plaintiffs couldn't prove they actually suffered physical harm just by eating a few bars. Others were thrown out because Hershey argued they met certain regulatory standards, even if those standards were higher than what "clean label" advocates wanted.
The Newest Frontier: PFAS in Wrappers
As of early 2026, the legal heat has shifted to the wrappers. A new class action filed in late 2024 alleges that the packaging for Bubble Yum and certain Hershey chocolate bars contains PFAS—those "forever chemicals" that never really leave your body or the environment. It's a messy situation for a brand that tries to market itself as a wholesome, family-friendly American icon.
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Why This Matters for Your Wallet
You might think these lawsuits are just "frivolous" or people looking for a payday. But they actually change how you shop. Think about it:
- Packaging Changes: Have you noticed more "Enlarged to show detail" or "Product may vary" disclaimers lately? That’s the "Hershey effect" in action.
- The "Price Premium" Argument: If a company charges $5 for a "premium" shaped chocolate and gives you a $1 blob, are you being cheated? Legal teams are still fighting over this "price premium" logic.
- Supply Chain Transparency: Because of the heavy metal suits, companies are under more pressure than ever to test their soil and change how they dry beans.
Actionable Steps for Savvy Snackers
If you're feeling a bit skeptical next time you're in the checkout line, here's how to actually use this information:
- Look for the "Decorating Suggestion" Label: If you see this on a box of seasonal candy, it is almost a 100% guarantee that the product inside will be a plain version of the shape, not the detailed one on the cover.
- Check Third-Party Lab Results: If you’re worried about heavy metals, don't rely on the brand's own marketing. Groups like Consumer Reports or As You Sow provide independent testing results for dark chocolate brands.
- Join a Class Action (If You Actually Qualify): If you bought a product specifically mentioned in a live lawsuit (like the SkinnyPop "underfilled bag" suit or the PFAS wrapper cases), keep your receipts. Websites like TopClassActions can tell you if a settlement has been reached and how to claim your $5 or $10.
- Vote With Your Dollar: Honestly, the fastest way to get a company to change its packaging is to stop buying the stuff that disappoints you. If sales of the "plain" pumpkins drop, the "carved" ones will magically reappear.
The reality is that Hershey's class action lawsuit trends show us that the "good old days" of trust-based marketing are over. Consumers are watching, they have cameras, and they aren't afraid to call out the difference between the dream and the reality—even if it's just over a 75-cent peanut butter cup.
Check the back of your next dark chocolate bar for a Prop 65 warning if you live in California; it’s often the only sign you’ll get that those heavy metal concerns are still very much a reality in the supply chain.