this post was submitted on 02 Jan 2024
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[–] JCreazy@midwest.social 129 points 10 months ago* (last edited 10 months ago) (2 children)

On the surface this might sound silly but after looking at the chocolate it's straight up false advertisement. They know people will buy it specifically because of the way it looks. It's bait and switch.

[–] ZeroCool@slrpnk.net 71 points 10 months ago* (last edited 10 months ago) (1 children)

Yeah, this isn't like a fast food burger that isn't quite as elegantly stacked as it appears on a tv commercial or something. This is clearly advertising a candy with a jack-o-lantern shaped cutout in the chocolate while selling you something different. It makes for a silly headline that's perfect for this community, but if she wants to sue them over it I'm gonna side with her on this one.

It's deceptive and corporations shouldn't be allowed to get away with crap like this. Because if we let them get away with this little lie they won’t stop there. They will only get bolder and more egregious.

Yup, can't give them an inch or they'll take a mile

[–] CouldntCareBear@sh.itjust.works 35 points 10 months ago

And shame on business insider to down play it as someone complaining they're not 'cute' enough.

[–] 200ok@lemmy.world 98 points 10 months ago (1 children)
[–] ZeroCool@slrpnk.net 54 points 10 months ago (1 children)

left = cute pumpkin
right = lil poop

[–] FuglyDuck@lemmy.world 13 points 10 months ago (1 children)

I'd say, "left = cute little poop"...

[–] aeronmelon@lemmy.world 12 points 10 months ago (2 children)
[–] Plopp@lemmy.world 6 points 10 months ago

Who took a bite of the lil spooky poop?

[–] deathbird@mander.xyz 2 points 10 months ago

Spoopy Poopy

[–] moistclump@lemmy.world 78 points 10 months ago (2 children)

The way the headline is worded makes me think it’s trying to spark outrage and debate against the woman suing.

But also boy did I learn my lesson about not judging Joe Shmoe vs Corporate after learning more about the McDonald’s hot coffee case.

I’m gonna withhold judgement and see where this ends up!

[–] TokyoMonsterTrucker@lemmy.dbzer0.com 15 points 10 months ago* (last edited 10 months ago) (1 children)

The McDonald's lady required skin grafts. This woman suffered mild disappointment. There is no possible comparison between the two cases. False advertising? Yes. Refer to FTC for penalties. Harm suffered? Virtually zero. This is a frivolous lawsuit and waste of any court's time.

[–] Susaga@ttrpg.network 21 points 10 months ago (2 children)

It's a class action lawsuit. It represents the rights of an entire group, even if it's only a single person bringing forward the suit. It's not about the harm done to a single person.

If a thief steals one dollar from a thousand people, you could say "oh, that person only lost a dollar" or you could say "that thief stole a thousand dollars". The harm suffered to each individual was minimal, but harm was suffered, and if you add it all up, a lot of harm was done. That's not frivolous.

Yes, I read the court filing. The only problem is that the collective value of the suffering caused by this particular false advertising would be worth about a dollar fifty. The only people who win from this kind of lawsuit are the lawyers.

I would not be making fun of this suit if it was about Hershey's lead and cadmium problem:

https://www.consumerreports.org/media-room/press-releases/2023/10/consumer-reports-urges-hersheys-to-get-heavy-metals-out-of-chocolate-products/

[–] Jhogenbaum@leminal.space 68 points 10 months ago (2 children)

Honestly, I feel her. I opened one of these in my child's Halloween candy bag and felt misled.

[–] seang96@spgrn.com 10 points 10 months ago (1 children)

Last time I saw this someone mentioned the football ones. They are basically the same shape as the eggs for Easter, but show the lines on a football in the packaging.

[–] limelight79@lemm.ee 4 points 10 months ago

We call those "eggballs" for that reason. Gotta hand it to Hershey for finding a second use for that pattern like that.

[–] gregorum@lemm.ee 3 points 10 months ago* (last edited 10 months ago)

look, if they’re charging $4.50, I had better get something better than a turd when I open the package. put a squiggle on it and make it look like a football or whatever.

just sayin'

[–] sbv@sh.itjust.works 58 points 10 months ago (1 children)
[–] Cockmaster6000@sh.itjust.works 45 points 10 months ago

False advertising bastards let's bring em down!

[–] LinkOpensChest_wav@lemmy.dbzer0.com 24 points 10 months ago

I salute her

[–] SonicBlue03@sh.itjust.works 20 points 10 months ago

They're fixing this. Next Halloween these will be known as Reese's Peanut Butter Blobs.

[–] Tremble@sh.itjust.works 15 points 10 months ago

She should win, it might seem dumb, but she thought of it first

[–] grayman@lemmy.world 5 points 10 months ago

The lawsuit also takes issue with the Reese's Peanut Butter Footballs, which have carved out laces on their packaging, but instead "look like an egg" when viewing the actual product.

LACES OUT, DAN!

[–] militaryintelligence@lemmy.world 3 points 10 months ago

Laces out Hershey

[–] ClydapusGotwald@lemmy.world 3 points 10 months ago

“This is America”

[–] SocialMediaRefugee@lemmy.world 1 points 10 months ago

I missed my chance to sue because I had a Pepsi in the 80-90s and I wasn't dancing like a maniac afterwards.

[–] chemicalwonka@discuss.tchncs.de -1 points 10 months ago

Literally White People Problem

[–] paddirn@lemmy.world -3 points 10 months ago

The Peanut Butter Pumpkins also don't have bites taken out of them, is she suing for that part too, or just the faces not being carved in? Because if she reasonably assumed that they didn't have bites taken out of them, then she probably could've assumed that the graphics on the wrapper weren't 100% accurate as to what the contents looked like.