You know what? Fuck 'em. I don't know what she was expecting other than chalky, chocolate-scented paste that only vaguely resembles the already cheerless designs on the packaging. But if she wants to wring some money out of the behemoth that's hoovering up cocoa beans from half of Africa for pennies, grown by people who've never tasted chocolate in their lives, and use it to buy herself a boat, I say go for it. Fuck 'em up, petty chocolate woman. From the photos it kind of looks like you have a point.
this post was submitted on 31 Dec 2023
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Her argument is that they aren't the same as the packaging. The Halloween shapes show a jack o lantern or a face on a bat. Open the candy, it's not there. The lawsuit is to stop printing the packages with faces that aren't on the candy.
Oh, I agree, it looks from the photos like she's got a point. Without knowing much more than the photos in her filing, my first reaction is that she should get paid for a couple different reasons. I'm just saying Hershey's is overall so shitty that the lies on the packaging should be the least of her worries about it.
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(26 replies)
Upset the jack-o-lantern Reese's isn't carved is dumb, but it is true the false advertising is bad. Been known for years Hershey's designs on the wrapper were more than a best case scenario for what you were buying.
that's pretty much the case with anything in the u.s. when was the last time you got a big mac or a whopper or an arbys that looked like the picture on the menu board or in adverts on tv?
At least those are hand assembled, giving some excuse for it not being perfectly as pictured. But a molded piece of chocolate has no such excuse.
i tried to make an arbys look like the picture. it required accordion-folding all the meat on the front one-third of the bun, leaving the rest empty. and it still wasn't 'piled high' enough.
If you watch behind the scenes footage for food ads you'd see people doing the exact same thing you're doing. Such gussying up should be illegal
I want a law that says all food must be advertised with random samples pulled from real restaurants.
Like... You apply for an ad shoot permit, and a state inspector secret shoppers you four units from the area. You have to take photos as-is, no makeup or reconstructing.
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Good point, someone sue them. I'm actually serious, the final product should at least resemble the ad
Just to play devils advocate, my BigMacs do actually resemble the pictures lately.
Never, because I would get big macs without mac sauce.
That said, these are clearly marketed as being halloween-themed candy.
If you can't tell it's halloween-themed on the product but you can on the packaging, then it's misleading as fuck.
Honestly no matter how small the issue we should be bringing it to their door step like this. You have to start somewhere and take small victories as they come. It's the only chance we have at effecting them at this point.
I feel no lawyer is taking this case pro bono, so this person is paying attorney fees and hourly billing to do this. How much must this absurdity cost? Some lawyer is just like "cool. Easy, stupid money."
Like... can a lawyer weigh in on this? If I bring this to you and tell you I'm adamant about filing the suit, how much is this process so far going to run me?
This was filed as a class action, with the class being all Floridians that purchased these. If you're at all familiar with class action lawsuits, they hugely benefit the lawyers, minimally benefit the named plaintiff, and barely provide anything to the class at large.
So an attorney may take it, assuming the believe they can get the class certified. I don't do that type of work, so I don't know too much about it.
Also, contingency cases are possible against large companies based on nuisance value, essentially it's cheaper to pay you $15k to go away then to litigate for a large company.
I think I've been among the "winners" of three, maybe four class action lawsuits. I think I'm up something like $17.
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Looks like she bought the "ready-to-carve" version.
They also don't have a bite out of them
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