Sept 5 (Reuters) - Hershey urged a U.S. judge to
dismiss a lawsuit claiming it misled consumers about several
Reese's peanut butter candies, using its request to level a
broadside against what it considers baseless class action
litigation over product packaging.
In a Wednesday filing in Fort Lauderdale, Florida federal
court, Hershey said no reasonable consumer could believe its
Halloween- and Christmas-themed candies necessarily contained
the "explicit carved out artistic designs" shown on packaging.
The consumers suing Hershey expressed disappointment with
the lack of details on nine Reese's products, including
pumpkin-shaped candies missing eyes and crooked mouths, and a
football-shaped candy whose lack of stitching left it resembling
an egg.
But Hershey said the four plaintiffs ignored disclaimers
that such details were only a "DECORATING SUGGESTION," and other
images that lacked such details.
The company called it unreasonable to focus only on images
with decorative carvings as a "supposed guarantee" of how
Reese's candies actually looked.
"This lawsuit is yet another in a growing trend of baseless
class actions founded on nothing but a consumer's selective,
subjective, and result-driven interpretation of one isolated
aspect of a product's packaging without considering its full
context," Hershey said.
"Not a single plaintiff claims the product was unfit for
consumption or was anything other than what consumers have come
to love and expect from this iconic brand--a delicious treat,"
it added.
A lawyer for the plaintiffs had no immediate comment on
Thursday.
Many other consumer class actions target packaging claims,
such as whether products qualify as all natural or contain
enough of a particular ingredient.
The Florida plaintiffs suing Hershey, Nathan Vidal, Debra
Kennick, Abdjul Martin and Eduardo Granados, are seeking at
least $5 million in damages.
The case is Vidal et al v Hershey Co ( HSY ), U.S. District Court,
Southern District of Florida, No. 24-60831.