A Florida woman is suing a giant Hershey's. Why? Misleading packaging. We'll run this one down for you because this is a heck of a lawsuit. Per the New York Post and WFTV 9 news, Cynthia Kelly of Tampa, Florida, [00:00:16] is taking on the Hershey company, claiming it has, quote, tricked customers through misleading packaging on Reese's seasonal shaped chocolate. Kelly is suing the chocolate giant for $5 million because the packaging and [00:00:31] the actual contents, they don't match. Well, this is investigative in nature of this story because we got to find out what's going on here. One example, according to the lawsuit filed in Florida's middle district court, [00:00:46] is the pumpkin shaped chocolate do not have eyes and nose cut outs like the packaging suggests. You see exhibit a that appears to just be chocolate and peanut butter, we assume on the inside. But there is no jack-o-lantern carving there. [00:01:03] There's no grin, there's no eyes. No. One example, another example is the football shaped Reese's looking like, well, the egg shaped Easter Reese's. So if you were to have a football party, like the Super Bowl, and I'm not [00:01:19] really into the teams, what team was Taylor Swift's boyfriend gonna be in it? I don't know. What if you had a Super Bowl party and then you invited the same people over? This is me injecting this. You invite the same people over and you want to have, if you celebrate an Easter, [00:01:35] what if you're doing that for Easter and people think, well, these are the football Reese's, Sharon, and we'll eat them. But why are you doing this to us? Some people care about stuff like that. I wouldn't have any leftover so they'd know that these are fresh. [00:01:52] Okay [LAUGH], if they were mine, but again, this says the suit they look like eggs, not footballs, because you don't have the little striping and all this stuff on them, is upon them. Reese's. And this was all put into the lawsuit. [00:02:09] Florida Middle District Court. Hershey's labels for products are materially misleading. Numerous consumers have been tricked or misled by the pictures on the product's packaging. This is a class action against Hershey, falsely representing several Reese's Peanut Butter cup products as containing explicitly carved-out [00:02:29] artistic designs when there are no such carvings in the actual products. The suit said. Again, the New York Post here a second thought. Both the mail carrier and the basketball coach should sue. If this is a lawsuit, why can't they go ahead and throw theirs in? [00:02:46] The bizarre lawsuit came forth after Kelly purchased pumpkin-shaped candies at Aldi for $4.49, believing it contained a cute looking carving of a pumpkin's mouth and eyes as pictured on the product packaging. She said she would have left the chocolates behind if she had known the carved face was not actually included on the snack size. [00:03:04] Reese's, Reese's Peanut Butter Pumpkins product that Plaintiff purchased did not contain any of the artistic carvings of the mouth or eyes as pictured on the label. Lawsuit read. Lawsuit features more than just the pumpkin shapes, but also ghosts, bats, football, [00:03:19] snowmen, and bell-shaped treats, several of which were photographed in the suit. Here are the bats. Once again, no eyes. Here are the ghost actual product. [00:03:34] No eyes, no mouth. No, it's not there. It's not there. Kelly also claimed Reese's packaging wasn't always deceptive and that two or three years ago, the products matched the packaging and did not display decorative cutouts. [00:03:51] Kelly also cited numerous YouTube videos where creators claim Reese's had lied to them, failed to deliver. Class action lawsuit will cover all consumers within the state of Florida who purchased one of the products. [00:04:07] So I don't live in Florida, Ray, but I probably visited Florida and I purchased some too. Am I allowed to join this lawsuit? And I make no claims about the merits of it, but lots going on. [00:04:24] >> Speaker 2: Yeah. Yeah, [LAUGH] there's a lot going on here. Obviously not a very serious lawsuit in that. Has she really been harmed that much? No, it's not something that we would think of as a very serious lawsuit. [00:04:42] But does she have an argument? I think yes [LAUGH]. As absurd as this is, I do think that she has an argument, because if she can show that it being a class action, kind of took me aback for a second. I don't know if it'll be certified or not. [00:04:58] [LAUGH] We'll see how that plays out. But if you can show that people purchased this because of the way that it was advertised on the packaging and that they otherwise would not have purchased it, there is some loss there. [00:05:13] I mean, if it is a class action lawsuit, $5 million of an ask seems like a lot, but it's not. It's gonna be divided up amongst all of the people who are members of that class. So it would actually turn out that the individuals are not getting very much money individually. [00:05:29] So I know the number probably jumped out of people as seemingly absurd, but it's not all going to her. Probably [LAUGH] none of it will be going to her, if I'm being frank. But I don't think that there isn't a claim to be made here. The packaging would lead people to purchase it, and what's contained inside [00:05:50] doesn't match what was advertised on the [LAUGH] outside of the packaging. But [LAUGH] I understand why people would see this and think that it is ridiculous. I think it's ridiculous. I wouldn't waste my time or my money trying to get this lawsuit across. [00:06:08] But, I mean, [LAUGH] I'm actually probably gonna pay attention to see what happens here. Because, again, especially considering that previously the packaging had accurately reflected what was contained inside of it, there is some indication [LAUGH] there that Hershey's probably did know what they were doing. [00:06:27] On that note, I'll remind everybody that Hershey's is a multi billion dollar corporation that has lots of money for attorneys. And this individual, this woman Kelly suing, probably does not have the [LAUGH] same resources at her disposal. [00:06:45] And I'm sure that this will go. Away quickly for [LAUGH] Hershey's. >> Yeah. I would guess, made a decision to cut pennies and that probably saved him, who knows, millions of dollars. Why should we keep doing this? The eggs and the football could be the same, right? [00:07:02] And whoever came up with that in the meeting, the marketing meeting, or whatever, got probably a raise or, I don't know, bonus or something. I was so curious about the person who filed this lawsuit that now wants certified as class action. [00:07:17] And I found myself thinking, I wonder if she has a haircut like Kate Gosselin. Okay. >> [LAUGH]. >> Speaker 1: I'm picturing the type. Okay. I cannot determine which one is her, so I don't know that she does. But I think you understand what I'm getting at? >> Right. >> Speaker 1: I think you understand [00:07:33] about someone who has enough time on their hands here. They've got. They all have same haircut and they start raging about things.