Originally published at: Florida woman sues Hershey because chocolate mini pumpkins didn't have pre-carved faces like on the bag - Boing Boing
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It’s not as easy to extort big settlements out of major corporations over frivolous nonsense as a lot of people think. Even if a court ruled her way, she’d likely only be entitled to a refund for the chocolate.
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I can’t tell - is it a good time or a bad one to be a lawyer?
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Florida woman tries to go one up on Florida man.
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You know, if I was around 4 or 5 years old, I’d be mighty disappointed those chocolate treats didn’t have little carved faces on them.
I guess I’d get over it, at least by the end of the bag.
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I wonder if she expected them to have a bite taken out too.
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The next phase of this suit will be a motion to dismiss by Hershey, which I’m guessing will be granted. Filing a motion like that doesn’t cost as much as a settlement. Remember the Mac & Cheese lawsuit? That was dismissed. This will be, too. The bar for filing a lawsuit in the US is really, really low. So you get a lot of these stupid lawsuits filed every year, and they always make for good headlines, but they almost never make it past a motion to dismiss.
It’s almost always a good time to be a good lawyer. A good lawyer would decline a case like this.
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I don’t know that it’s worth a lawsuit, but I think she’s correct that the package is intentionally and materially misleading. I was gifted some of these, and I was surprised how little like the package image that the actual product looks.
The company really ought to either fix the product or fix the packaging. And give her a refund.
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sigh…
O, Florida, mi Florida. Siempre sé tú, Florida. ¡Mantén la clase, mi Florida!
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Ask ChatGPT.
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I mean it looks like dookie. Maybe worth sueing for that?
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This would annoy me. The lack of a smiley face coupled with the presence of disgusting peanut butter. Shudder
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The only thing more frivolous than this lawsuit is complaining about it, to the benefit of the corporate narrative of unreasonable consumers. The old hot coffee incident benefitted from such portrayals.
Hmm, never thought about it - but yeah, it doesn’t have the face on it. They could silkscreen a face on each one with edible “ink”, but that would cost more.
But let’s be honest, with out a face or some other details, too often chocolate shaped candy looks a bit… turdy… (I say as I chomp a Russel Stover Chocolate covered marshmallow ornament.)
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The damage inflicted seems pretty minor; but it seems hard to argue that that product image is remotely honest. It looks too much like an actual food item to read as a mascot; doesn’t depict anything that would be obviously out of the realm of the possible for a chocolate/peanut butter thing; and absolutely doesn’t look anything like what you get.
It’s honestly in the realm of “ordered from wish.com” levels of product/product photo dissonance.
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Reese’s peanut butter pumpkins are merely pumpkin-shaped hunks of peanut-butter-stuffed chocolate,
Reese’s lawyers could then just say, “Oops, our bad! We meant to include a tiny, wooden 'carving knife” in each package. You’re meant to have the fun time of carving your own jack-o-lantern face on the candy bar. Here’s your wooden carving knife (wooden coffee stirrer) and here’s a coupon for a free candy bar."
Now I have to go shower for defending a corporation.
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You have to carve them with your teeth as you chew them.
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Especially when calling them pumpkins.
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