Hershey Added Disclaimer to Reese's Packaging After Lawsuit
Florida consumer goods retailers should note how specific packaging disclaimers can protect companies from deceptive marketing claims.
Updated on Oct. 6, 2026 in Consumer Goods
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Hershey has updated its Reese's Peanut Butter Pumpkins packaging with a disclaimer stating that carving is not on the actual product. This change follows a federal judge's dismissal of a deceptive marketing lawsuit that originally sought $5 million in damages.
Why it matters
The case highlights the legal threshold for deceptive advertising, as the court ruled that consumer frustration over packaging illustrations does not constitute financial injury. For operators, it underscores the importance of clear labeling to mitigate litigation risk regarding product expectations.
The lawsuit sought $5 million in damages from Hershey before being dismissed by a federal judge on September 16, 2026. This dismissal marks the second time the court has ruled against the plaintiffs in this case.
The players
Hershey
A major multinational manufacturer of chocolate and snack products with a significant market share in the confectionery industry.
Melissa Damian
A Florida District Judge responsible for the dismissal of the deceptive marketing lawsuit.
The details
Hershey updated its packaging to include the text 'Carving not on actual product' directly beneath a rendering that depicts the candy with a carved face. This replaced the previous 'Decorating Suggestion' language. The court ruled that the packaging did not constitute deceptive advertising because the plaintiffs' claims of being misled resulted in subjective disappointment rather than provable financial harm.
Timeline
May 2024: Plaintiffs filed the initial lawsuit against Hershey.
September 2025: Judge first dismissed the deceptive marketing case.
October 2025: Plaintiffs filed an amended complaint.
September 16, 2026: Judge dismissed the amended lawsuit.
October 6, 2026: New disclaimer observed on product packaging.
Market Landscape
This case follows the precedent set by the 2026 Reese's deceptive marketing litigation in Florida regarding the threshold for consumer financial injury. It marks a continued judicial trend of requiring concrete financial damages for deceptive advertising claims to survive dismissal.
Operators should review their own product packaging and promotional renderings to ensure disclaimers are explicit rather than vague. Consult with legal counsel to assess whether your current marketing disclosures meet the standards established by recent court rulings on consumer expectation.
The takeaway
The court's dismissal reinforces that packaging disclaimers serve as a critical defense against litigation based on aesthetic expectations. Monitor for any potential appeal filings by the plaintiffs to determine if the legal standard for these types of claims will shift in higher courts.
Further reading
For more on industry labeling standards, visit Consumer Goods.
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