Like a chocolate-covered hand from the grave, a class action lawsuit against candy maker Hershey may be coming back to life, Reuters reported.
A group of consumers unsuccessfully tried to sue the company last year, claiming they paid a premium for its Halloween-themed “Reese’s peanut butter pumpkins” because they expected treats with cut-out jack-o’-lantern faces as shown on the wrapper. Instead, the consumers said, they got a smooth, peanut-butter filled “chocolate blob.”
A federal judge tossed the suit last month, but the plaintiffs have now amended their complaint, saying they have pricing data to bolster claims they suffered economic harm, according to Reuters.
The consumers contend they paid up to 25% more for the candies because they were deceived by labels depicting a pumpkin-shaped chocolate with triangle eyes and a grinning mouth carved to reveal the filling beneath.
Hershey in court papers called the amended complaint a “futile effort to resurrect this meritless case.” The company did not respond to Reuters’ request for comment.