Hershey adds new disclaimer on wrapper after Reese's pumpkin lawsuit

Hershey has added a new disclaimer to its Reese's Peanut Butter Pumpkins following a lawsuit against the candy company for deceptive marketing.

As of Oct. 6, Reese's Peanut Butter Pumpkins have a new disclaimer printed on the front of the packaging that reads, "Carving not on actual product." The disclaimer is situated underneath a rendering of the pumpkin-shaped candy that shows a mouth and eyes carved into the chocolate, resembling a jack-o-lantern.

Reese's Peanut Butter holiday candies previously had a disclaimer that read, "Decorating Suggestion," but USA TODAY confirmed the new messaging on this season's packaging. Hershey has not shared why the disclaimer was adjusted. USA TODAY reached out to the company on Oct. 6 for more information.

Customers may have noticed the change after Florida District Judge Melissa Damian on Sept. 16 dismissed a case filed in May 2024, accusing Hershey of deceptive marketing for several Reese's Peanut Butter products, including Reese's Peanut Butter Pumpkins, according to court documents. This is the second time Damian has dismissed the case, the first of which was in September 2025.

Damian wrote in her most recent filing that the only injury the plaintiffs experienced was "their subjective disappointment," as outlined in court documents.

What was the lawsuit over Reese's Peanut Butter Pumpkins?

In May 2024, Florida residents Nathan Vidal, Debra Kennick, Abdjul Martin and Eduardo Granados sued Hershey, alleging the company engaged in "unlawful, fraudulent, unfair, misleading and/or deceptive" advertising of several candies, according to court documents.

In 2023, Vidal purchased three bags of Reese's Peanut Butter Pumpkins because he "believed that the product contained a cool-looking carving of a pumpkin's mouth and eyes," according to court documents. But when he opened the chocolates, he found them to be blank.

Vidal said he would not have purchased the chocolates if he knew they didn't feature the details as pictured on the packaging.

In addition to Reese's pumpkins, the plaintiffs addressed concerns with peanut butter ghosts, bats, footballs and winter shapes, like snowmen, stockings and bells.

The group demanded $5 million from Hershey, which they claimed represented the sale of Reese's Peanut Butter products in Florida since 2021.

Hershey argued reasonable consumers would understand the images on the packaging as suggestions and pointed to a "Decorating Suggestion" disclaimer on the packaging. The company also argued customers received exactly what they paid for: Reese's candies that were not defective or inedible.