Reese’s Peanut Butter Pumpkins now carry the front-of-package line “Carving not on actual product.” It replaced earlier wording that read “Decorating Suggestion.” Hershey has not publicly explained the change or said whether it is connected to a consumer lawsuit filed in May 2024. That suit sought at least $5 million over packaging that showed carved details the candy did not have. In September 2026, a federal judge dismissed the amended complaint for lack of standing, without prejudice. That ruling did not decide whether the packaging was misleading.
What the new wrapper says
The change appears on the front of the package, beneath an illustration of a pumpkin-shaped candy with jack-o’-lantern features. USA TODAY reported the revised wording on October 6, 2026, through its syndicated version on AOL. Read the USA TODAY report.
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| Item | Earlier wrapper | Current wrapper (reported October 2026) |
|---|---|---|
| Front-of-package wording | “Decorating Suggestion” | “Carving not on actual product” |
| Pictured design | Not stated in the reporting | Pumpkin candy illustration with jack-o’-lantern features |
| Company explanation | Not applicable | Not stated; Hershey had not explained the revision or linked it to the lawsuit |
Read plainly, the line tells buyers that the carved face printed on the wrapper is not on the candy inside. The wording changes what the package claims, not the candy itself.
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The case, Vidal v. The Hershey Company, was filed on May 17, 2024, in federal court in the Southern District of Florida. The complaint accused Hershey 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. The shapes named were pumpkins, ghosts, bats, footballs, and winter shapes including snowmen, stockings, and bells. Read the complaint.
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The complaint sought at least $5 million. Plaintiffs tied that figure to sales of Reese’s Peanut Butter products in Florida since 2021. It is a demand made in the filing, not a sum any court has awarded.
The complaint centers on plaintiff Nathan Vidal, who said he expected a Reese’s Peanut Butter Pumpkin to have the carved mouth and eyes shown on the package. The complaint describes the image as a “cool-looking carving of a pumpkin’s mouth and eyes.” These are the plaintiff’s allegations, not findings that the packaging deceived anyone.
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Timeline of the case and the wrapper
| Date | What happened | Source |
|---|---|---|
| May 17, 2024 | Complaint filed against The Hershey Company, seeking at least $5 million | Complaint |
| September 19, 2025 | Court order records that motions to dismiss and for class certification were pending | Court order |
| September 16, 2026 | U.S. District Judge Melissa Damian dismisses the amended complaint for failure to establish concrete economic injury (standing), without prejudice | NBC Los Angeles |
| October 6, 2026 | Revised “Carving not on actual product” wording reported | USA TODAY via AOL |
| October 7, 2026 | NBC Los Angeles reports the dismissal and that plaintiffs’ counsel was considering an appeal | NBC Los Angeles |
What the September 2025 court order shows
The order from September 19, 2025 describes the case at a stage when the court had not yet ruled on the motions to dismiss or on class certification. Read the order. It summarizes two of Hershey’s arguments. First, that the plaintiffs had not alleged economic injury. Second, that the full packaging, including both the carved and uncarved images, would not deceive a reasonable consumer. The order also includes the phrase “delicious Reese’s candy” in its summary of Hershey’s position. That phrase is the company’s argument as the court described it, not a conclusion the judge reached.
What the 2026 dismissal did and did not decide
- What it did: According to NBC Los Angeles, the judge dismissed the amended complaint because the plaintiffs had not established concrete economic injury, which is the basis for standing to sue.
- What “without prejudice” means here: A dismissal without prejudice generally leaves the plaintiffs room to bring the claims again. Whether they do depends on the appeal that NBC Los Angeles reported their counsel was considering.
- What it did not decide: The ruling, as reported, did not decide whether the packaging was misleading. It is not a finding that Hershey’s packaging was lawful on the merits.
- The judge’s description of the injury: NBC Los Angeles quoted Judge Melissa Damian describing the plaintiffs’ alleged injury as “subjective disappointment.” The 2026 order was not available to this article, so that quotation comes from the news report rather than the order itself.
Did the lawsuit cause the new wording?
The evidence does not establish a link. USA TODAY reported that Hershey had not explained the revised wording or said whether it was connected to the lawsuit. Reporting places the new wording in October 2026, a few weeks after the September dismissal, but it does not say when the new wrapper first reached stores. Timing alone cannot show why the company changed the package.
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How to read a pack before you buy
Because the carving is not on the candy, the wrapper itself is the most reliable guide. Three checks help when comparing packs:
- Look at the front for the exact wording. “Carving not on actual product” is the current line; “Decorating Suggestion” is the earlier one.
- Note the package year or season, since older and newer packs can carry different wording.
- Remember that the pictured decoration is part of the packaging illustration, not a feature of the candy inside.
Seasonal availability varies by store, so the wrapper in your hand is the best evidence of which version you are buying.
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