Halloween candy is supposed to be fun. For some, though, the shapes on a Reese’s wrapper became serious business.
Serious enough that lawyers walked into federal court trying to argue that missing pumpkin faces amounted to deception.
Yes, you read that right. Someone actually sued Reese’s for not being spooky enough.
How It All Started
It began in December 2023. A Florida woman named Cynthia Kelly filed a class action in the Middle District of Florida.
She claimed Reese’s Halloween-themed products, pumpkins, ghosts, and bats, were advertised with “cool carved designs” on the wrappers but arrived as plain chocolate shapes.
Disappointment turned into litigation.
By May 2024, the case grew larger. Nathan Vidal, Debra Kennick, Abdjul Martin, and Eduardo Granados joined as named plaintiffs in the Southern District of Florida.
They were represented by attorney Anthony J. Russo, who has made a career of suing food companies over labels and packaging.
The lawsuit asked for at least five million dollars in damages.
The argument: spooky packaging promised spooky candy, and plain blobs failed to deliver.
Hershey’s Side of The Story
Hershey fought back with common sense. The candy still tasted like Reese’s. Nobody claimed the peanut butter was off or that the chocolate was stale.
Hershey even pointed to the small-print disclaimer on the wrappers: “decorating suggestion.”
The packages also included actual images of the undecorated shapes. In other words, buyers knew what they were getting if they cared to look.
The company summed it up bluntly: customers got candy, candy tasted fine, end of story.
The Judge’s Ruling
In September 2025, U.S. District Judge Melissa Damian dismissed the complaint.
She ruled that the plaintiffs had no real injury.
- Flavor met expectations.
- Packaging was not misleading enough to rise to fraud.
- Lawyers walked away with nothing.
The judge essentially reminded everyone that chocolate does not owe anyone a costume. Flavor matters more than fake pumpkin faces.
A Closer Look at The Timeline
| Dec 28, 2023 | Initial lawsuit filed by Cynthia Kelly in the Middle District of Florida |
| May 17, 2024 | Expanded class action filed by Vidal, Kennick, Martin, and Granados |
| Sep 05, 2024 | Hershey filed a motion to dismiss in the Fort Lauderdale court |
| Sep 22, 2025 | Judge Melissa Damian dismissed the case |
My Take
It is hard not to smile at the absurdity. Imagine standing in line at Halloween, seeing kids grab handfuls of candy, and thinking, “Sure, this peanut butter cup tastes perfect, but it lacks a carved face. Let’s call my lawyer.”
This case shows how creative people can be when trying to squeeze money out of corporations.
In the end, Hershey walked away with its reputation intact.
If you want to try a dessert popular in Brazil, check out Brigadeiros. Just don’t sue me if you don’t like them.
