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Reese’s Peanut Butter Pumpkins now carry front-of-package wording that reads “Carving not on actual product,” replacing the earlier “Decorating Suggestion.” The change followed a 2024 consumer lawsuit over pictured carving on several Reese’s holiday shapes, but Hershey has not said the suit prompted it. A September 2026 dismissal ended the amended case on standing grounds without deciding whether the packaging is misleading.
What the wrapper says now
USA TODAY reporting, carried by AOL on October 6, 2026, describes the current front-of-package wording as “Carving not on actual product,” printed under an illustration of a pumpkin candy with jack-o’-lantern features. The earlier wording was “Decorating Suggestion.” The same report says Hershey had not explained the revised wording or said whether it was connected to the lawsuit. Read the USA TODAY report via AOL.
| Element | Earlier wrapper | Current wrapper (reported October 2026) |
|---|---|---|
| Front-of-package wording | “Decorating Suggestion” | “Carving not on actual product” |
| Illustration | Not stated in the reporting | Pumpkin candy with jack-o’-lantern features |
| Stated reason for the change | Not stated | Not explained by Hershey, according to USA TODAY reporting |
Read literally, the new wording tells buyers that the carved face shown in the illustration is not part of the candy itself.
What the 2024 lawsuit alleged
The federal complaint, dated May 17, 2024, names The Hershey Company and accuses it of deceptive marketing across several Reese’s holiday shapes. Plaintiffs said the packaging showed carved or other decorative details that were missing from the candies they received. These are allegations. No court has found the packaging deceptive. Read the complaint.
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The shapes named
- Pumpkins
- Ghosts
- Bats
- Footballs
- Winter shapes, including snowmen, stockings and bells
The plaintiff’s account
The complaint recounts plaintiff Nathan Vidal’s expectation that a Reese’s Peanut Butter Pumpkin would have the pictured carved mouth and eyes. It quotes him as believing the candy contained a “cool-looking carving of a pumpkin’s mouth and eyes.” These are his stated expectations as recorded in the filing.
The relief sought
The complaint sought at least $5 million. Plaintiffs tied that figure to Reese’s Peanut Butter product sales in Florida since 2021. It is a demand made in the filing, not an amount a court has awarded.
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What the court record showed before the dismissal
A September 19, 2025 order from the U.S. District Court for the Southern District of Florida (case 24-cv-60831) records that motions to dismiss and for class certification were still pending. It summarizes Hershey’s arguments: that plaintiffs had not alleged economic injury, and that the full packaging, including both carved and uncarved images, would not deceive a reasonable consumer. The order also says Hershey described its product as “delicious Reese’s candy.” That phrase is the company’s argument as the court summarized it, not the judge’s conclusion. Read the September 2025 order.
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The September 2026 dismissal: what it decided and what it did not
NBC Los Angeles reported on October 7, 2026 that U.S. District Judge Melissa Damian dismissed the amended complaint on September 16, 2026, for failure to establish concrete economic injury, which is the standing question. According to that report, the judge described the alleged harm as “their subjective disappointment.” The dismissal was without prejudice, and plaintiffs’ counsel was reported to be considering an appeal. These details come from the news report rather than the order text. Read the NBC Los Angeles report.
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Here is what the dismissal does not settle:
- It does not decide whether the wrapper, the shapes or the pumpkin illustrations are misleading.
- It is not a ruling that Hershey’s packaging is lawful on the merits.
- Because it was without prejudice, it does not permanently bar the claims, and the reported appeal could revive the dispute.
Why the timing does not establish a cause
The new wording was reported in early October 2026, several weeks after the reported September dismissal, and the lawsuit has been pending since 2024. That overlap is why readers ask whether the suit drove the change. But no reporting located for this article shows that Hershey linked the two, and the company has not offered a reason. The sequence is documented; the motive is not.
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How to check the wording on a package
- Look at the front of the package for the phrase “Carving not on actual product” beside the pumpkin illustration.
- If the package reads “Decorating Suggestion,” it carries the wording reported as the earlier version.
- Remember that the carved features in the illustration are artwork. The reported wording says the carving is not on the actual candy.
- Check the season printed on the package or listing before assuming the wording matches the 2026 Halloween reporting, because older packs may carry different text.
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