A federal judge has dismissed for the second time a proposed class-action lawsuit against Hershey over the appearance of its Reese’s Peanut Butter Pumpkins.
U.S. District Judge Melissa Damian issued the ruling on September 16, finding that the two remaining plaintiffs lacked standing because they failed to demonstrate any financial harm beyond subjective disappointment.
The case, originally filed in 2024 in the Southern District of Florida, centered on claims that packaging images showed carved jack-o’-lantern faces on the seasonal candies while the actual chocolates inside were plain. Plaintiffs Nathan Vidal and Eduardo Granados argued they bought the products specifically for the decorative novelty and would not have purchased them, or would have paid less, had they known the designs were absent.
Damian rejected those arguments, noting that the consumers received edible Reese’s peanut butter and chocolate products of the type and quantity advertised. She described the complaint as amounting to “subjective disappointment” rather than a concrete injury.
The packaging in question included language labeling the carved images as a “DECORATING SUGGESTION,” a detail Hershey highlighted in its defense. The company maintained that buyers got exactly what they paid for and that the candies were neither defective nor worthless.
This marks the second dismissal by Damian. She had thrown out an earlier version of the case in September 2025 but allowed the plaintiffs to amend their complaint. The latest order closed the case.
Plaintiffs’ attorneys indicated they are disappointed with the outcome and are considering an appeal. The litigation has spanned more than two years and involved multiple Florida residents at various stages.
Hershey did not immediately comment on the latest ruling. The seasonal products remain popular and have returned to shelves for the current Halloween season.
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