(NewsNation) — In the realm of food advertising, food items have appeared bigger, juicier, and crisper than they are in real life. However, some consumers say those ads are too deceiving and it’s leading to a growing number of lawsuits.
A woman is suing The Hersey Company for $5 million, alleging that Reese’s Peanut Butter Pumpkins she purchased looked nothing like the holiday-themed packaging. The lawsuit claims she wouldn’t have purchased them had she known they did not include the faces depicted on the wrapper.
Attorney Anthony Russo, representing the woman, says this lawsuit comes down to consumer trust, stating customers don’t want to feel like they’re being misled.
“I think now, people are just losing faith in the fact that companies are not producing the products that consumers feel like they’re paying for. It’s a very simple premise,” he said.
Russo added that the number they claim in the lawsuit is “basically just a jurisdictional number.”
“That’s just a number we put out there that allows us to get into as opposed to a small claims court. The premises really, this could be something that, if a class is certified down the road one day, could be something that there could be tens of thousands, maybe hundreds of thousands of people, so it could rise to that number or more,” he said.
NewsNation reached out to The Hersey Company, but they have not responded.
Such cases highlight broader issues of false advertising in the food industry as various major food companies, including Burger King, have faced similar legal battles. In the past year, customers filed a class action lawsuit alleging the restaurant chain is over-inflating the size of its Whopper sandwich.
Burger King responded stating, “The plaintiff’s claims are false. The flame-grilled beef patties portrayed in our advertising are the same patties used in the millions of whopper sandwiches we serve to guests across the U.S.”
“I also think that there is an expectation of fairness, that I’m going to give you my money, in return, I’m going to get something back that I expect, or some modicum of expectation,” said Dr. Marcus Collins, a University of Michigan marketing professor. “When it falls shorter, there is a trust that’s broken. I think that this is what really drives people to sue.”
Kraft Heinz, which makes Velvetta Shells & Cheese, faced a lawsuit alleging the product takes longer than its advertised 3½ minutes to make.
Texas Pete brand of hot sauce is also under scrutiny, and T.W. Garner Food Co. is being sued for making the product in North Carolina, contrary to its name.
Multiple lawsuits have been filed against Kellogg’s Frosted Strawberry Pop-Tarts, with customers asserting a significant absence of real strawberries in the product.
“Red Bull got sued for their advertisements, Red Bull gives you wings, which I find to be a frivolous lawsuit, but Red Bull paid $13 million and changed their advertising,” said Philip Snyder, an attorney with Lyons & Snyder Law Firm.
While these lawsuits might seem trivial, some companies end up paying millions in damages and as mentioned by Snyder, are prompted to modify their advertising practices. Legal actions play a significant role in shaping how companies present and market their products.