After a judge threw out a lawsuit over “faceless” Reese’s Pumpkins, Hershey’s bags carry a new line: “Carving not on actual product.”
Story Snapshot
- Two Florida shoppers sued Hershey because their Reese’s Peanut Butter Pumpkins had no jack-o’-lantern face like the one pictured on the bag.
- U.S. District Judge Melissa Damian in Miami ruled the buyers showed only “subjective disappointment,” not a real money loss.
- The package says “Carving not on actual product,” in place of the old “Decorating Suggestion.”
- The judge dismissed the case on Wednesday, Sept. 16, and the new wording was reported in early October.
What Changed On The Reese’s Pumpkins Bag
Hershey’s Reese’s Peanut Butter Pumpkins bags still show a pumpkin with carved eyes and a grin. Under that picture, the front of the package reads “Carving not on actual product.” The old wording, according to court papers, was “Decorating Suggestion.” The candy inside is a smooth, pumpkin-shaped peanut butter cup with no face. Hershey has not said publicly why it changed the wording or whether the change is tied to the lawsuit.
The fight was over that picture. Nathan Vidal, one of the Florida buyers, said he bought three bags in 2023. He and fellow plaintiff Eduardo Granados said they bought the candy for its “novelty” and its “cool and beautiful carved-out designs,” and that they paid as much as 25 percent more than they would have otherwise. Their lawyer, James Kelly, said his clients were disappointed by the ruling and planned to appeal.
How The Lawsuit Ended In Federal Court
The buyers filed a proposed class action in 2024, a suit brought on behalf of everyone who bought the product, and asked for $5 million under Florida consumer protection laws. The complaint also took aim at other Reese’s holiday shapes, including ghosts, bats, footballs, snowmen, stockings and bells.
Judge Damian first dismissed the case in September 2025 and let the buyers try again. On Sept. 16, 2026, she dismissed it a second time. She ruled the buyers lacked standing, which means the legal right to bring a case, because they had not shown a concrete money loss. “Their only injury is their subjective disappointment,” she wrote. She noted they did not claim the candy was defective or worthless, and she rejected the claim that they had overpaid. The dismissal was “without prejudice,” which means it was not a final ruling on whether the package was misleading.
What Hershey Argued
In court, Hershey argued that reasonable shoppers understand the pictures are suggestions, not exact photos of the candy. The company also said buyers got Reese’s candy that was “not defective or inedible.” The judge’s ruling turned on standing, not on that argument.
Why Plain Labels Help Everyone
The new line is short and easy to read. It tells shoppers exactly what is and is not in the bag, and it keeps the fun holiday art on the front. Plain words like these protect buyers from surprise and protect companies from costly court fights. Those legal costs can find their way into what families pay at the register.
What This Means In The Candy Aisle
Holiday packaging is meant to look festive. The best guide is still the fine print. When a bag shows a smiling jack-o’-lantern, the words under it tell the real story. For anyone who wants a carved pumpkin, a butter knife and a few minutes at the kitchen table will do the trick.
