On the surface this might sound silly but after looking at the chocolate it’s straight up false advertisement. They know people will buy it specifically because of the way it looks. It’s bait and switch.
Yeah, this isn’t like a fast food burger that isn’t quite as elegantly stacked as it appears on a tv commercial or something. This is clearly advertising a candy with a jack-o-lantern shaped cutout in the chocolate while selling you something different. It makes for a silly headline that’s perfect for this community, but if she wants to sue them over it I’m gonna side with her on this one.
It’s deceptive and corporations shouldn’t be allowed to get away with crap like this. Because if we let them get away with this little lie they won’t stop there. They will only get bolder and more egregious.
Yup, can’t give them an inch or they’ll take a mile
And shame on business insider to down play it as someone complaining they’re not ‘cute’ enough.
Let me save you a click:
left = cute pumpkin
right = lil poopI’d say, “left = cute little poop”…
Spooky poop.
Who took a bite of the lil spooky poop?
Spoopy Poopy
Honestly, I feel her. I opened one of these in my child’s Halloween candy bag and felt misled.
Last time I saw this someone mentioned the football ones. They are basically the same shape as the eggs for Easter, but show the lines on a football in the packaging.
We call those “eggballs” for that reason. Gotta hand it to Hershey for finding a second use for that pattern like that.
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The way the headline is worded makes me think it’s trying to spark outrage and debate against the woman suing.
But also boy did I learn my lesson about not judging Joe Shmoe vs Corporate after learning more about the McDonald’s hot coffee case.
I’m gonna withhold judgement and see where this ends up!
The McDonald’s lady required skin grafts. This woman suffered mild disappointment. There is no possible comparison between the two cases. False advertising? Yes. Refer to FTC for penalties. Harm suffered? Virtually zero. This is a frivolous lawsuit and waste of any court’s time.
It’s a class action lawsuit. It represents the rights of an entire group, even if it’s only a single person bringing forward the suit. It’s not about the harm done to a single person.
If a thief steals one dollar from a thousand people, you could say “oh, that person only lost a dollar” or you could say “that thief stole a thousand dollars”. The harm suffered to each individual was minimal, but harm was suffered, and if you add it all up, a lot of harm was done. That’s not frivolous.
Yes, I read the court filing. The only problem is that the collective value of the suffering caused by this particular false advertising would be worth about a dollar fifty. The only people who win from this kind of lawsuit are the lawyers.
I would not be making fun of this suit if it was about Hershey’s lead and cadmium problem:
Once again, there was no harm suffered.
Americans will sue over everything and anything
I think that’s what the headline is trying to get you to say. And we had the same reaction with the McDonald’s case. But I hope we’re getting a bit wiser that when the story is spun this way it’s not too far out there to think that the corporation could have employed a media consultant to help spin this as “Americans sue over everything this case is dumb” when in reality there might be a good case under there that it’s easy to dismiss or ignore.
I suspect that’s the low hanging spin for corporations who are being held accountable. “Don’t sue us, that’s dumb! Look how dumb she’s being. Entitled! Money grab!”
I totally agree with the notion that the article is meant to illicit that thinking as well as it being false advertising, but at the same time this particular case doesn’t have quite the same impact as the McDonald’s Coffee case. Nobody is physically being harmed by the candy not having a face. What could be deeper than simply the disappointment of not seeing that little jack-o’-lantern face when you unwrap the peanut butter cup?
Do you want companies to follow the law or not? Why even have truth in advertising laws if no one is going to enforce them?
LET’S FUCKING GO
False advertising bastards let’s bring em down!
I salute her
They’re fixing this. Next Halloween these will be known as Reese’s Peanut Butter Blobs.
I’d never noticed. They go into my mouth hole so fast that I can’t say I’ve looked at the actual design.
They need to label it more clearly. The thing in the package is what the jack o’ lantern pooped out.
She should win, it might seem dumb, but she thought of it first
The lawsuit also takes issue with the Reese’s Peanut Butter Footballs, which have carved out laces on their packaging, but instead “look like an egg” when viewing the actual product.
LACES OUT, DAN!
Laces out Hershey
“This is America”
I missed my chance to sue because I had a Pepsi in the 80-90s and I wasn’t dancing like a maniac afterwards.
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