Originally published at: https://boingboing.net/2024/05/20/distraught-customers-sue-hershey-for-5-million-very-disappointed-that-candies-didnt-have-a-cute-face.html
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The article says that former case was voluntarily dismissed in lieu of this larger class-action suit. I guess someone thinks they have a better shot at winning damages if they can convince a court that millions of consumers were adversely effected instead of one or two weirdos.
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I guess my point is that whatever needs to be said about lawsuits regarding Hershey’s pumpkins has already been said five months ago.
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Seems pretty clear from the packaging that someone carved into the chocolate outside to make the face…just like when you buy a pumpkin and carve it.
Then again, that lump in the picture is barely pumpkin shaped. Still, you could carve it.
I may need to investigate this further.
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That earlier case was just the warm-up.
Now all the Reese’s pieces are coming together.
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And the picture on the packet doesn’t even have the little chocolate stalk of the actual product.
“Hey, we couldn’t get the carving machine to work, so to make up for that we gave you an extra 0.5 gram of candy”.
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Proof that the bar to filing a lawsuit in the US is very, very, very low.
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Some countries have laws that state whoever loses a civil case pays for everything, including opposing counsel. Maybe something in that vein could be enacted here.,
No one suing them for making incredibly shite chocolate?
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That’s not going to work out for the little guy. It’s already a problem that rich clients can pay for seemingly endless extension, delays, and appeals so that the plaintiff will go broke and give up. When one party can spend literally millions on a defense, who would risk paying that bill to sue them?
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Honestly, without the cute face, the candy just looks like kitty kitty missed the litter box. Mmm…
¯\_(ツ)_/¯
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It was pretty blatant false advertising. Maybe not 5 million dollars worth, but companies could, you know, try not making fake pictures of what their product looks like on the package. They need some incentive not to lie in their marketing, and a significant fine may help with that.
And it doesn’t have a “serving suggestion” disclaimer, either, so there is no excuse.
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I’d have assumed that was the entire point of the product. Shame the packaging does not have some weaselly ‘serving suggestion’ equivalent wording: “example only - carve your own image in the chocolate”.
If they’d done that, there’d be no lawsuit.
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I’m a bit sick of packages acting as dishonest marketing instead of representing the actual contents. Maybe $5m is too low, $500m or $5B might be a better way to transfer money away from marketing budgets and back to the people they ripped off.
Sounds to me like nobody can be happy for anything. If your biggest issue in life right now is the fact that Hershey isn’t advertising their products properly, then you are the problem with society. There are way bigger problems and issues in the world to worry about than trying to sue over God damn candy. You all need to grow up and deal with the fact that life ain’t fair and life will never be fair. GROW UP!!! WE NEED TO FOCUS ON THE BIGGER PICTURE.
WELCOME TO BOING BOING!!! WE DON’T USUALLY YELL SO MUCH IN HERE!!!
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