Overview

• U.S. District Judge Melissa Damian dismissed the case on Sept. 19 in the Southern District of Florida, ruling the claims did not show economic injury.
• Plaintiffs said Hershey’s Halloween-themed wrappers depicted faces and features not present on unwrapped Reese’s candies such as Peanut Butter Pumpkins and White Ghost.
• The judge wrote that disappointment over missing decorative details reflected subjective expectations and that the candies were not so flawed as to be worthless.
• The dismissal allows plaintiffs to amend their complaint, and attorney Anthony Russo said they plan to refile to address price-premium and value allegations.
• Hershey did not immediately respond to requests for comment following the ruling.