Hershey Sued Over ‘Misleading’ Packaging on White Reese’s Peanut Butter Cups

DERRY TOWNSHIP, Pa. — A class action lawsuit accuses The Hershey Company of duping its customers with misleading packaging on its White Reese’s Peanut Butter Cups, according to Fox News.

The plaintiffs, Curtis Winston and Jane Doe, filed a complaint on behalf of themselves and others June 26 in the U.S. District Court for the Eastern District of New York. The suit alleges that the light-colored alternative to the milk chocolate version uses deceptive marketing because it does not contain “white chocolate,” Fox News says, quoting a Legal Newsline report.

The peanut butter cups are instead covered in a “white crème,” which is listed on the company’s website, Fox News says.

However, the complainants insist that as the other flavors – milk and dark chocolate – are actual chocolate, consumers assume the white version is made with white chocolate.

The White Reese’s wrapper does not say “white chocolate.”

“Defendant has taken affirmative steps for consumers to mistakenly believe the products contain white chocolate and has intentionally failed to correct the misimpressions,” the suit states, according to Fox News. “The absence of any modifying term before or after ‘white’ renders the products misleading because consumers are not able to differentiate between white chocolate and cheaper substitutes like compound or confectionary coating made from vegetable oils when the term ‘white’ is applied to a product traditionally associated with chocolate.”

The pair, on behalf of others, are suing over deceptive trade practices, negligent misrepresentation, breach of express and implied warranty, fraud and unjust enrichment, the legal site reported.

In a statement, Hershey’s told Fox News it does not comment on pending litigation.


  • Mark Thepoll

    Perhaps they should be sued for being racist? After, it is WHITE peanut butter cups, can’t be anything worse than that, can there.

    • Rusty Knyffe

      I sorta wrote the same type of observation and it was immediately removed. LOL!!!!!!! SO GLAD someone else caught the irony! LMAOLMAOLMAO

  • Denpachii

    Golly, I wonder where my comment about frivolous, money grabbing lawsuits went? It had so many TU’s as well!

    • Mark Thepoll

      Someone likely got their undies on too tight and didn’t like your post. Happens to me to on occasion.

    • Denpachii

      It is actually better than the real white chocolate, or at least what I had. I used to work in a facility that made the real stuff.

  • R Fred Kemmerer

    Classic example of a frivolous lawsuit, unsurprisingly the ones suing will hire the most amoral set of ambulance chasers who will then hope for an uneducated set of jurors to shamelessly pander to forcing Hershey to give the plaintiffs a large amount of money causing them to raise the price of Reese’s and other products of theirs to cover the costs.

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