Reese's Peanut Butter Pumpkins Have New Disclaimer
By Sandra Rhodes (/journals/sandra-rhodes)
For most, Reese's Peanut Butter Pumpkins are a treat. But some thought they were tricked, leading to Hershey adding a disclaimer to its packaging.
On Oct. 6, Reese's Peanut Butter Pumpkins have a new disclaimer printed on the front of the packaging that reads, "Carving not on actual product."
The disclaimer is underneath a rendering of the pumpkin-shaped candy that shows a mouth and eyes carved into the chocolate.
Reese's Peanut Butter holiday candies previously had a disclaimer that read, "Decorating Suggestion."
USA TODAY confirmed the new messaging on this season's packaging. Hershey has not said why the disclaimer was changed.
Florida District Judge Melissa Damian dismissed a case Sept. 16. The case was filed in May 2024, which alleged Hershey deceptively marketed several Reese's Peanut Butter products, including Reese's Peanut Butter Pumpkins, according to court documents.
Damian first dismissed the case
This is the second time Damian has in September 2025.
She wrote in her most recent filing that the only injury the plaintiffs experienced was "their subjective disappointment," as outlined in court documents.
In May 2024, Florida residents Nathan Vidal, Debra Kennick, Abdjul Martin and Eduardo Granados sued Hershey, alleging the company engaged in “unlawful, fraudulent, unfair, misleading and/or deceptive” advertising of several candies, according to court documents.
In 2023, Vidal purchased three bags of Reese's Peanut Butter Pumpkins, believing “the product contained a cool-looking carving of a pumpkin’s mouth and eyes," according to court documents. But when he opened the chocolates, they were blank.
Vidal said he would not have purchased the chocolates if he knew they didn't feature the details as pictured on the packaging.
The plaintiffs also addressed concerns with peanut butter ghosts, bats, footballs and winter shapes, like snowmen, stockings and bells and demanded $5 million from Hershey.
Hershey responded, stating reasonable consumers would understand the images on the packaging as suggestions and pointed to a "Decorating Suggestion" disclaimer on the packaging.
Damian first dismissed the case in September 2025. She found the plaintiffs had not shown they suffered a financial loss from buying the products. She allowed the plaintiffs to file an amended complaint, but the case was dismissed.
Vidal and Granados filed an amended complaint in October 2025, per court documents.
The Russo Firm President Anthony J. Russo Jr., who represents the plaintiffs, said on Sept. 18 that the team is "disappointed" in the ruling and is discussing a potential appeal.