Does the cute picture on the package of consumer packaged goods, like candy, need to reflect the contents? According to one recent lawsuit, there should be no question. If Hershey’s, for example, develops a wrapper for its Halloween-themed Reese’s Peanut Butter Cup Pumpkins that shows the candy embossed with the face of a cute jack-o-lantern, that’s what the candy should have. But in actuality, the candies take the shape of a pumpkin, without any additional décor or faces or colored candy additions. Consumers expecting the extra decoration on their treats in turn might find themselves disappointed, as well as frustrated if they spent a little extra money for that decoration. Similarly, the Reese’s Peanut Butter Cup Footballs that Hershey’s releases in the fall for gridiron fans take the ovoid shape of an actual football, but they have no visual laces, as is also depicted on the labels. To make the case, the plaintiff in this suit must demonstrate that the “material misrepresentation” created by the attractive packaging is part of what induces people to make the purchase, even though it is not the product they will receive. What do you expect: Is what you see what you will get when you make a purchase?

Sources: Lavina Suthenthiran, “Hershey Sued Over Misleading Packaging on Reese’s Festive Candies,” Retail Wire, January 2, 2024.