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Reese’s Peanut Butter Pumpkins now carry front-of-package wording that reads “Carving not on actual product,” printed under an illustration of a pumpkin candy with jack-o’-lantern features. The earlier wrapper said “Decorating Suggestion.” Hershey has not said why it changed the wording or whether the change is connected to a consumer lawsuit over the company’s holiday shapes. That lawsuit was filed in May 2024 and was reportedly dismissed in September 2026 on standing grounds, without a ruling on whether the packaging was misleading.
What changed on the wrapper
The current-season package now states plainly that the carving shown on the wrapper is not on the candy inside. USA TODAY, syndicated through AOL on October 6, 2026, reported the new wording and noted that Hershey had not explained the revision or addressed whether the lawsuit played a part.
| Package element | Earlier wrapper | Current wrapper (reported October 2026) |
|---|---|---|
| Front-of-package disclaimer | “Decorating Suggestion” | “Carving not on actual product” |
| Illustration | Pumpkin candy with carved-style features | Pumpkin candy with jack-o’-lantern features, with the disclaimer printed beneath it |
| Stated reason for change | Not applicable | Not stated by Hershey, per USA TODAY reporting |
The timing is worth noting, but the public record does not establish that the lawsuit caused the change. Treat any link between the two as unconfirmed.
What the 2024 lawsuit alleged
The complaint was filed in federal court in May 2024 against The Hershey Company. It accused the company of deceptive marketing across several Reese’s holiday shapes. Plaintiffs said the packaging showed carved or other decorative details that were not on the candies they actually bought.
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Shapes named in the complaint
- Pumpkins
- Ghosts
- Bats
- Footballs
- Winter shapes, including snowmen, stockings, and bells
The plaintiff’s account
The filing describes plaintiff Nathan Vidal’s expectation that a Reese’s Peanut Butter Pumpkin would have the pictured carved mouth and eyes, which he believed was a “cool-looking carving of a pumpkin’s mouth and eyes.” Those are his stated expectations as set out in the complaint, not findings about the product.
Relief sought
The complaint sought at least $5 million. Plaintiffs tied that figure to sales of Reese’s Peanut Butter products in Florida since 2021. It was a demand, not an amount any court awarded. Everything in the complaint is an allegation.
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What the court record shows
A federal court order dated September 19, 2025 shows the case was still active then, with motions to dismiss and for class certification pending. The order summarizes Hershey’s arguments on two points:
- Plaintiffs had not alleged economic injury.
- The full packaging, including both the carved and uncarved images, would not deceive a reasonable consumer.
Those are arguments as the order describes them. The order does not resolve the case on either point. Hershey also argued that the packaging was consistent with “delicious Reese’s candy,” which is again a description of the company’s position, not a conclusion by the judge.
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What the September 2026 dismissal did and did not decide
NBC Los Angeles reported on October 7, 2026 that U.S. District Judge Melissa Damian dismissed the amended complaint on September 16, 2026. The ruling was reported as resting on a failure to establish concrete economic injury, which is a standing question. The order itself was not available for this article, so the details below come from that news report.
- What it decided: the amended complaint failed on standing, meaning the plaintiffs had not shown the concrete economic injury needed to bring the case.
- How the dismissal was described: without prejudice, which means the plaintiffs could potentially refile. The report said plaintiffs’ counsel was considering an appeal.
- How the judge described the alleged harm: the report quotes Judge Damian describing the alleged injury as “their subjective disappointment.”
- What it did not decide: whether the wrapper pictures were misleading. The merits were not resolved, so the dismissal should not be read as a finding that Hershey’s packaging was lawful or that the carving claims were false.
What this means for shoppers
The current wrapper answers the practical question directly. The carved face is part of the illustration, and the disclaimer says it is not on the actual product. If you are buying for a costume, a decorating project, or a seasonal display, check the front of the package before assuming the candy will match the picture.
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Keep in mind that packaging varies by season. Compare the exact disclaimer wording and the year printed on the package rather than relying on older photos online.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What is still open
- Whether plaintiffs appeal the September 2026 dismissal.
- Whether Hershey will explain the wrapper change publicly.
- Whether any refiled claim would address the standing question.
Until a court addresses the merits, the lawsuit remains a set of allegations, and the new wrapper wording is the only confirmed change.
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Sources: USA TODAY via AOL, October 6, 2026 on the wrapper change; the May 2024 complaint; the September 19, 2025 federal court order; and NBC Los Angeles, October 7, 2026 on the dismissal.
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