Hershey Adds "Carving Not on Actual Product" Disclaimer to Reese's Pumpkin Packaging After Lawsuit Dismissal

Hershey has added a new disclaimer to the front of Reese's Peanut Butter Pumpkins packaging reading "Carving not on actual product," replacing the prior "Decorating Suggestion" label, as of Oct. 6. The change follows a Florida federal court's Sept. 16 dismissal of a May 2024 lawsuit by consumers Nathan Vidal, Debra Kennick, Abdjul Martin and Eduardo Granados, who alleged deceptive marketing because the candies lacked the jack-o'-lantern faces depicted on wrappers. Judge Melissa Damian ruled plaintiffs suffered only "subjective disappointment," marking her second dismissal after an initial ruling in September 2025. Plaintiffs sought $5 million, claiming it represented Florida sales of Reese's Peanut Butter products since 2021. Hershey argued reasonable consumers view packaging images as suggestions. Attorney Anthony J. Russo Jr. said plaintiffs are discussing a potential appeal.