A woman in Tampa Bay, Florida, is seeking class-action status for a lawsuit against the Hershey Co. after the packaging for its Peanut Butter Pumpkins left a sour taste in her mouth.
Cynthia Kelly filed a proposed class-action complaint in federal court on Thursday accusing the company of ”falsely” representing some of its Reese’s Peanut Butter products, according to the CBS affiliate WTSP-TV in Tampa.
The woman’s beef with the candy started in October when she paid $4.49 for a pack of the pumpkin-shaped Reese’s at an Aldi grocery store because she assumed “the product contained a cute looking carving of a pumpkin’s mouth and eyes as pictured on the product packaging,” the filing said.
Upon opening one of the treats, she discovered the product was fully covered with chocolate with none of the detailed carving she claimed inspired her to buy the product.
Kelly said she never would have purchased the pumpkins had she known they were just pumpkin-shaped Reese’s and didn’t have the pumpkin face.
Kelly’s petition accuses Hershey of trying to convince people to buy the pumpkin peanut butter candy “by means of untrue, misleading, deceptive, and/or fraudulent” representations.
But Kelly isn’t stopping with pumpkins.
Reuters noted that her lawsuit would seek damages for all Floridians who purchased the “deceptive” products, including White Ghost, Peanut Butter Bats and Peanut Butter Footballs. In seeking class-action status, the filing claimed damages would exceed $5 million.
HuffPost reached out to Hershey for comment, but no one immediately responded. A company spokesperson told Fox Business it does not comment on pending litigation.
Although Kelly is the first person to sue Hershey regarding the lack of a face on the actual Reese’s pumpkins, she’s not the first to gripe about it.
One YouTube video from 2019 cited in Kelly’s lawsuit calls the design of the Reese’s pumpkins a “monstrosity” but admits the taste is “quite nice.”