You know what? Fuck 'em. I don't know what she was expecting other than chalky, chocolate-scented paste that only vaguely resembles the already cheerless designs on the packaging. But if she wants to wring some money out of the behemoth that's hoovering up cocoa beans from half of Africa for pennies, grown by people who've never tasted chocolate in their lives, and use it to buy herself a boat, I say go for it. Fuck 'em up, petty chocolate woman. From the photos it kind of looks like you have a point.
Her argument is that they aren't the same as the packaging. The Halloween shapes show a jack o lantern or a face on a bat. Open the candy, it's not there. The lawsuit is to stop printing the packages with faces that aren't on the candy.
Oh, I agree, it looks from the photos like she's got a point. Without knowing much more than the photos in her filing, my first reaction is that she should get paid for a couple different reasons. I'm just saying Hershey's is overall so shitty that the lies on the packaging should be the least of her worries about it.
At some point we have to fight back on all the lies, why not here I guess.
I had to look up the egg/football in question:
https://www.hersheyland.com/products/reeses-milk-chocolate-peanut-butter-football-1-2-oz.html
Yeah, I could see someone being upset. Imagine planning a Super Bowl party and putting out a platter of egg shaped things instead of little footballs.
A reply from the review section a year ago...
REESE'S · Consumer Relations · a year ago
We are so sorry you're disappointed that the football candies didn't have the laces as shown on the wrapper. Your comments will be forwarded along to our Marketing Department.
Wow, yeah, even the "out of package" picture shows the design
I would sue Hershey's for selling vomit chocolate, this stuff is shockingly bad.
The miniature peanut butter cups from trader Joe's, however, are perfect.
When they came out they had both milk and dark chocolate variations. Its nice to see the dark side win one.
That has something to do with the way that milk and chocolate is processed - in some markets they still have their delicious original taste. But its a agamble though, and nothing ruins my day as much as biting down on a much awaited hersheys kiss after a long day and almost-barfing
It's the addition of butyric acid during production to lengthen shelf life.
Honestly no matter how small the issue we should be bringing it to their door step like this. You have to start somewhere and take small victories as they come. It's the only chance we have at effecting them at this point.
Upset the jack-o-lantern Reese's isn't carved is dumb, but it is true the false advertising is bad. Been known for years Hershey's designs on the wrapper were more than a best case scenario for what you were buying.
that's pretty much the case with anything in the u.s. when was the last time you got a big mac or a whopper or an arbys that looked like the picture on the menu board or in adverts on tv?
At least those are hand assembled, giving some excuse for it not being perfectly as pictured. But a molded piece of chocolate has no such excuse.
i tried to make an arbys look like the picture. it required accordion-folding all the meat on the front one-third of the bun, leaving the rest empty. and it still wasn't 'piled high' enough.
Looks like she bought the "ready-to-carve" version.
I feel no lawyer is taking this case pro bono, so this person is paying attorney fees and hourly billing to do this. How much must this absurdity cost? Some lawyer is just like "cool. Easy, stupid money."
Like... can a lawyer weigh in on this? If I bring this to you and tell you I'm adamant about filing the suit, how much is this process so far going to run me?
This was filed as a class action, with the class being all Floridians that purchased these. If you're at all familiar with class action lawsuits, they hugely benefit the lawyers, minimally benefit the named plaintiff, and barely provide anything to the class at large.
So an attorney may take it, assuming the believe they can get the class certified. I don't do that type of work, so I don't know too much about it.
Also, contingency cases are possible against large companies based on nuisance value, essentially it's cheaper to pay you $15k to go away then to litigate for a large company.
I think I've been among the "winners" of three, maybe four class action lawsuits. I think I'm up something like $17.
5mil sounds like peanuts to them
Peanuts are an important part of their business model though
They also don't have a bite out of them
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