Florida woman sues Hershey because chocolate mini pumpkins didn't have pre-carved faces like on the bag

The Big Lebowski What GIF by MOODMAN

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usually the words “serving suggestion” takes care of all of the confusion

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The “old hot coffee incident” was actually an old lady suffering disfiguring third degree burns on her groin that required skin grafts. A jury trial found McDonald’s liable because it served a 190F beverage knowing it would cause scalding burns in seconds.

There are been plenty of frivolous lawsuits to talk about, but this isn’t one of them. However that didn’t stop Republicans from distorting the narrative of this lawsuit to pass so-called “tort reform” laws that make it harder to sue companies for wrongdoing.

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It definitely is false advertising. How many of these “pumpkins” would they sell around Halloween if the package accurately depicted a boring brown oval instead of a cute little chocolate jack-o-lantern? Probably still a lot, but definitely less- even people who aren’t expecting a literal carved face still unconsciously get the impression these are more festive and interesting than they really are. I think suing over it is a bit much, but I’d be lying if I said the discrepancy between picture and actual product never bothered and disappointed me.

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Yes, exactly the point I was making.

Especially since they don’t taste that great. The ratio of mushy peanut butter to chocolate is higher in these than in a regular Reese’s cup. So they’re kind of not great. The sales point is not the taste, at least not to me, but that they are holiday themed. But they don’t remotely look like a pumpkin when you actually open the package, so there’s not much reason to buy them at all.

I would highly suggest the mini chocolate peanut butter cups from Trader Joe’s. Crisp, and much better than Reese’s peanut butter cups, either the regular kind or the pumpkin abominations.

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Or, in this case

Very Stoned and Munchie-Ridden Artist’s Impression

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… it’s always a good time to be a lawyer

but you may not be that particular lawyer :thinking:

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… clearly I need to stop reading candy topics :see_no_evil:

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The TJ dark chocolate ones are pretty good.

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TyFa

Just don’t shoot up your local 7/11, mmmkaaay?

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Well, her case has so little merit that I would say it is toothless.

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What next? Sue Butterball frozen turkeys because it’s pallid and raw, not browned and sliced and roasted like the illustration on the wrapper?

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I got it – Market it on the package as a fun “Carve Your Own” feature. And include a little X-Acto knife in every package.

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As @zeiche noted that’s where food items that require substantial transformation pull “serving suggestion”; often accompanied by either a recipe printed on the packaging or a reference you can chase down for one.

Not all pictures that aren’t literally of the thing inside the box, with a NIST-traceable photo scale in the shot, are misleading; but they do require at least some context: the buyer has a reasonable expectation that things sold as ingredients probably aren’t finished; they don’t have that expectation of things sold as finished goods; and differences that are explicitly or implicitly called out in the labelling(as by a suggested recipe or some decorating suggestions on a box of baked but undecorated cookies) are less deceptive than ones that simply go unstated.

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The Reese’s eggs at Easter are the best. They have the perfect ratio of chocolate to peanut butter.

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The perfect ratio of peanut butter to chocolate is 0 to 100%.

#endlessarguments

You have that ratio reversed.

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As long as they’re two mutually exclusive spheres I can embrace or ignore at will, I’m sold.

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Noah’s makes a chocolate chip bagel and the only reasonable thing I’ve found to spread on it is peanut butter.

Plain cream cheese or any flavored varieties just don’t work (although I haven’t tried the new(?) honey almond flavor)

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