Overview

• U.S. District Judge Melissa Damian dismissed the case on Sept. 19 in the Southern District of Florida, ending the current complaint at the pleading stage.
• The ruling said the candies were not so flawed as to be worthless and that the allegations reflected subjective expectations rather than a concrete economic injury.
• Plaintiffs’ attorney Anthony Russo said his clients will file an amended complaint to try to revive the claims.
• Hershey argued consumers received the benefit of their bargain—edible candy—and pointed to uncarved images and a “decorating suggestion” disclaimer on the packaging.
• The 2024 suit targeted seasonal Reese’s items such as Peanut Butter Pumpkins and White Ghosts and sought small reimbursements plus $5 million in injunctive relief.