It apparently had to be said. The pumpkin Reese’s Peanut Butter Pumpkins are not carved like a real pumpkin.
The annual Halloween treat now comes with a disclaimer on the package that says “Carving not on actual product,” USA Today reported.
It is printed directly under the candy that has an image of a Jack O’Lantern face on the candy pumpkin.
The wording is new, but a notation is not.
As USA Today reported, it used to say “Decorating Suggestion.”
Several people filed a lawsuit against Hershey, claiming it was deceptive marketing.
Nathan Vidal, one of the plaintiffs, said he bought three bags of the candy because he “believed that the product contained a cool-looking carving of a pumpkin’s mouth and eyes” but when he opened them, they were blank. He claims he would not have bought the candy if he knew they were not like what the package showed.
The plaintiffs also had issues with the ghost, bat, football, snowman, stocking and bell versions of the candy and asked for $5 million, or what they claimed was the sale of the products in Florida since 2021.
Hershey said it believed reasonable consumers would understand the images were suggestions and that “Decorating Suggestion” printed on the package was enough. The company said customers also got what they paid for: candy that was not defective or inedible.
Back in August, when the pumpkins started hitting store shelves, Hershey’s Halloween senior brand manager, Katie DeCapria, told CBS News, “We know what consumers love. We have not made any changes to the Reese’s shapes.”
She added, “The pumpkin is the cornerstone of our portfolio.”
A Florida District Judge dismissed the case, which was filed in 2024, on Sept. 16. It was the second time the judge dismissed it, calling it the plaintiffs’ “subjective disappointment.” The first was in September 2025.
The lawyers representing the group said last month they were disappointed in the ruling and may appeal.
The plaintiff’s attorney James Kelly said, “Consumers in Florida deserve to get what they pay for, and it is troubling to see them left without protection, Reuters reported.
©2026 Cox Media Group
