Class Actions and the Candy Bar

Wall Street Journal ^ | January 8, 2024 | Editorial Board

[billorites]

Life may not be like a box of chocolates, but a shakedown is what you’re always gonna get from trial attorneys. Consider the class-action lawsuit filed late last month against Hershey Co. over its Reese’s candy.

At issue is whether Hershey fudged on the packaging of seasonal treats. Recent wrappers showed tiny eyes and mouths on chocolate pumpkins and ghosts, but the candy inside was faceless. Similarly, the chocolate football inside “contains no carving for the laces” as depicted on the wrapper.

Anthony Russo of the Florida-based Russo Firm says this has caused untold hardship to his client Cynthia Kelly and “not less than 100” and perhaps even “thousands” of other chocoholics. “This is a trick, not a treat,” the suit quotes from one online review. The complaint says a YouTuber was left “flabbergasted” after “you open up the packet and you are presented with that monstrosity.” Without the stitching, the chocolate football “LOOKS LIKE EGGS!!” another graphic in the lawsuit claims.

The lawsuit alleges that the candy maker—and its subsidiaries, affiliates, suppliers and their employees—“furthered a common scheme to induce members of the public” to buy these seasonal chocolates “by means of untrue, misleading, deceptive, and/or fraudulent representations.” The complaint says this violates Florida’s Deceptive and Unfair Trade Practices Act.

Hershey declined to comment, but it must be finding this more bitter than sweet. The lawyer is seeking $5 million or more, and the guess is he’ll gladly settle if Hershey writes a fat check for the lawsuit to go away. America’s tort system really is nuts.

[MeganC]

Now sue the candy makers for selling a ‘pound’ of chocolate that only weighs six ounces.

[gundog]

[TexasGator]

“Now sue the candy makers for selling a ‘pound’ of chocolate that only weighs six ounces.”

Which one is that?

[lee martell]

Is Diane Keaton still ‘Looking for Mr. Goodbar’?

[Leaning Right]

I can relate to the pain experienced by the plaintiff. I am still trying to recover from a shock I experienced when I was 8. It was then I found out that Moon Pies aren’t really made on the Moon.

I wonder if it’s not too late to sue the bastards.

[Tell It Right]

Can I sue for the 100,000 dollar bar that was worth 35 cents?

[Robert DeLong]

All lawyers who bring frivolous cases like this should immediately lose their right to practice law.

[hanamizu]

America’s tort system really is nuts.

---

While visiting a winery in Temecula, Calif. several years ago, there was a poster explaining how a lawyer was visiting wineries and threatening a lawsuit if they used lead foil at the top of the bottle. Of course he was willing to go away for a suitably-sized check. While he was wanting quite a bit of money, the cost of defending the suit would be more. And there are dozens of wineries in the area.

[BipolarBob]

I had Skittles and I definitely did not “taste the rainbow” and what about cereal companies getting away with advertising they are “magically delicious”? They weren’t magic and weren’t delicious.

[DPMD]

Parties that win a class action end up with 36% of the actual award, after the lawyers take their 25% off the top, and the gov gets its 39% off the top. Doubt whether the bottom-feeding mouthpieces include this info in its brief to class members.

[jeffc]

the attorneys will get millions, while the “affected” consumers will each get a $5 off coupon on their next purchase.

[njslim]

chocolate football ??

Laces out .........

[existentially_kuffer]

Many lawyers have too much time on their hands.

[alexander_busek]

At issue is whether Hershey fudged on the packaging of seasonal treats. Recent wrappers showed tiny eyes and mouths on chocolate pumpkins and ghosts, but the candy inside was faceless. Similarly, the chocolate football inside “contains no carving for the laces” as depicted on the wrapper.

I'm still waiting for a refund of the money I spent on my kingdom of "Sea Monkeys."

Regards,

[eyeamok]

Is Frosted Flakes next because Tigers don’t eat cereal?? What about Lucky Charms, have you ever seen a leprechaun?

[Jaded]

Yeah and it shows a bite taken out of the candy. Why are they complaining about that? It makes my butt itch. Stupid lawyers.

[NorthMountain]

Reality has lapped the Babylon Bee.

[Windcatcher]

And this is why so many people see lawyers as scum of the earth.

[Hillarys Gate Cult]

My lawsuit would be against Captain Disease ( Captain D’s ).
Their fish used to be a nice sized filet now they sell what amounts to fish fingers or fish sticks. They should have to name it correctly as it’s false advertising.