Hershey packaging change: summary
- Hershey has updated Reese’s Pumpkin packaging after lawsuit
- Court dismissed claims after disclaimers described carvings as suggestions
- New packaging states carving not on actual product
- Case highlights increasing scrutiny of food packaging representations today
The Hershey Company has updated its packaging following a lawsuit in the United States.
The confectionery giant has added a disclaimer to its Reese’s Peanut Butter Pumpkins wrappers, following a case claiming it misled consumers over the appearance of the actual product inside.
The legal action over the lack of decorative carved designs shown on the packaging was ultimately dismissed, after Hershey proved the products carried a disclaimer saying the carvings were a ‘decorating suggestion’ only.
However, the multinational has apparently gone one step further, amending the disclaimer to read ‘carving not on actual product’, to eliminate any doubt.
The disclaimer is directly situated underneath an image of a pumpkin with a mouth and eyes carved into the chocolate.
Whether this is a direct result of the failed suit or a pre-planned change is unknown. But regardless, the move could help reduce the risk of similar claims in future.
The case is one of a growing number of packaging lawsuits targeting food and beverage manufacturers over alleged discrepancies between product imagery and the product itself.
It’s not yet known whether the revised wording will be applied to all seasonal Reese’s products.
The Hershey Company has not yet responded to request for comment.
