A federal judge in Miami tossed the case against Hershey a second time, saying the buyers’ only injury was their “subjective disappointment.” Their lawyer says they’ll appeal.
The Reese’s pumpkins on the bag have carved eyes and a jack-o’-lantern grin. The ones inside the wrapper are smooth, faceless blobs of chocolate and peanut butter.
A federal judge says that’s not worth a lawsuit. Again.
U.S. District Judge Melissa Damian in Miami dismissed the case against Hershey on Sept. 16. It’s the second time she has thrown it out.
This time she did it with prejudice. That means the plaintiffs can’t just clean up the paperwork and refile in her court. Their lawyer says the next stop is an appeal.
Why did a judge throw out the Reese’s faceless pumpkin lawsuit?
The better question is “why wouldn’t they?“
But the dismissal came down to standing, the legal question of whether someone was hurt enough to sue at all.
The two remaining plaintiffs, Florida residents Nathan Vidal and Eduardo Granados, said they overpaid by up to 25 percent for candy that didn’t match the pictures. Damian didn’t buy it.
Even taking everything they claimed as true, she wrote, “their only injury is their subjective disappointment.”
She also said the pumpkins weren’t “defective or worthless.” They still had value. They were still candy. They just didn’t have faces.
Why did buying Reese’s at Publix hurt the lawsuit?
The plaintiffs built their overpayment math on prices at Target, Walmart and Hershey’s own online store. But according to Reuters, they bought their pumpkins at Publix.
That gap mattered. It’s hard to prove you paid an inflated price when the price you’re pointing to comes from a store you didn’t shop at.
What did the lawsuit claim about Reese’s Halloween candy?
The case goes back to 2024. It started with four Florida plaintiffs and covered a lineup of seasonal shapes, including pumpkins, ghosts, bats, and footballs.
The complaint said shoppers bought the candy because of the “cool and beautiful carved-out designs” on the packaging. According to NPR’s coverage at the time, it claimed they wouldn’t have bought the products if the pictures had been honest.
Damian dismissed the first version in September 2025 but let the plaintiffs try again. By the second round, only Vidal and Granados were left, and the focus had narrowed to the pumpkins.
What did Hershey say about the Reese’s lawsuit?
Hershey’s defense leaned on a few small words printed on the package: “decorating suggestion.” In court, the company argued shoppers “got what they bargained for” and called that bargain “delicious candy.”
After the ruling, Hershey declined to comment, saying it doesn’t discuss litigation.
Plaintiffs’ attorney James Kelly said consumers “deserve to get what they pay for” and confirmed plans to appeal.
Is this the first Reese’s carved-face lawsuit?
Nope. In late 2023, a Florida woman named Cynthia Kelly filed a similar suit in federal court in Tampa. She sought at least $5 million and went after the same missing carvings on pumpkins, ghosts, bats, and holiday shapes, NBC News reported.
And food-photo lawsuits aren’t always dead on arrival. In 2023, a different federal judge in Miami let part of a lawsuit move forward that accused Burger King of making its Whoppers look bigger in ads than they really are.
So the idea isn’t crazy on its face. This particular case just couldn’t show enough harm.
Can the Reese’s lawsuit still come back?
Only through an appeal. Federal cases from Florida go to the 11th Circuit Court of Appeals in Atlanta, and those appeals can take months.
Until then, the ruling stands. Hershey wins round two.
The timing is a little funny, too. The ruling landed right as Halloween candy aisles fill back up, and Reese’s pumpkins will fly off shelves again this October, smiling or not.
What a waste of money and court time.
Article compiled with the help of the Pirates & Princesses newsroom.
Pirates and Princesses is your destination for Disney news, theme park updates, and the pop culture you love. From Disney cruises and travel tips to Disney fashion, food, collectibles, and movie news, PNP covers it all. Visit us at piratesandprincesses.net for daily coverage. Follow PNP on Facebook and Instagram, and listen to the Pirates & Princesses podcast on Apple Podcasts and YouTube.
Hat Tips:
Reuters via Insurance Journal and Investing.com (Sept. 17-18, 2026), Jonathan Stempel’s report on the ruling, the judge’s quotes, the Publix detail and Hershey’s response
Claims Journal (Sept. 17, 2026), James Kelly’s statement
Dexerto (Sept. 2026), ruling date and first-dismissal history
NPR (May 22, 2024), the original four-plaintiff complaint and its “carved out designs” language
NBC News (2023), the Cynthia Kelly suit in Tampa
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