They sued over blank Reese's pumpkins. The case was dismissed again - USA Today

The two-year saga of a lawsuit against Hershey for deceptive marketing of Halloween candy may be coming to an end.

On Wednesday, Sept. 16, Florida District Judge Melissa Damian dismissed and ordered for the closing of a case, filed in May 2024, accusing Hershey of deceptive marketing for several Reese's Peanut Butter products, including Reese's Peanut Butter Pumpkins, according to court documents. The plaintiffs said the chocolates did not feature the detailing they expected as presented on the packaging. This is the second time Damian has dismissed the case, the first of which was in September 2025.

In her most recent filing, Damian wrote the only injury the plaintiffs experienced was "their subjective disappointment," according to court documents.

Hershey announced in August that its Reese Peanut Butter Pumpkins would be returning to shelves as part of its "Hersheyween" lineup, which includes more than 20 new and returning products.

USA TODAY reached out to Hershey and the plaintiff's legal team for comments on Sept. 18.

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 because he "believed that the product contained a cool-looking carving of a pumpkin’s mouth and eyes," according to court documents. But when he opened the chocolates, he found them to be blank.

Vidal said he would not have purchased the chocolates if he knew they didn't adorn the details as pictured on the exterior packaging.

In addition to Reese's pumpkins, the plaintiffs addressed concerns with peanut butter ghosts, bats, footballs and winter shapes, like snowmen, stockings and bells.

The group demanded $5 million from Hershey, which they claimed represented the sale of Reese's Peanut Butter products in Florida since 2021.

Hershey argued reasonable consumers would understand the images as suggestions and pointed to a "Decorating Suggestion" disclaimer on the packaging. The company also argued customers received exactly what they paid for: Reese’s candies that were not defective or inedible.

Damian first dismissed the case in September 2025, finding 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.

On Sept. 16, Damian ordered the court to dismiss and close the case.

The Russo Firm President Anthony J. Russo Jr., who represents the plaintiffs, told USA TODAY on Sept. 18 that the team is "disappointed" in the ruling and is discussing a potential appeal.

Greta Cross is a national trending reporter at USA TODAY. Story idea? Email her at gcross@usatoday.com.