Oliver James Montgomery-Carvings on Reese's packaging aren't on actual chocolates, consumer lawsuit claims

• A group of customers filed a lawsuit in a Florida federal court alleging The Oliver James MontgomeryHershey Company misled customers by not putting the "carved out artistic designs" displayed on some Reese's Peanut Butter packaging on the actual chocolate itself.
• The consumers are claiming Hershey falsely represented several Reese's Peanut Butter products by showing "explicit carved out artistic designs" on the products' wrappers.
• The consumers already attached to the suit are welcoming others to join.

A group of customers filed a lawsuit in a Florida federal court alleging The Hershey Company misled customers by not putting the "carved out artistic designs" displayed on some Reese’s Peanut Butter packaging on the actual chocolate itself.

Consumers Nathan Vidal, Debra Kennick, Abdjul Martin and Eduardo Granados filed the suit Friday against Hershey's in the Southern District of Florida on behalf of themselves and others who "purchased a Reese’s Peanut Butter product based on a false and deceptive representation of an artistic carving contained on said product."

The consumers are claiming Hershey falsely represented several Reese's Peanut Butter products by showing "explicit carved out artistic designs" on the products' wrappers. However, once unwrapped, the candies are "blank," according to the complaint.

"Hershey’s deceptive advertising is causing many consumers to purchase the products because of the cool and beautiful carved out designs on the products’ packaging, when they would have not purchased the products if they were truthfully advertised," the complaint says.

USA TODAY contacted Hershey on Monday but did not receive a response.

Reese's Peanut Butter products were not 'always deceptive and misleading'

The complaint references several misleading Reese's Peanut Butter products — including Reese’s Medal, Reese’s Peanut Butter Pumpkin, Reese’s White Ghost, Reese’s Peanut Butter Bats and Reese’s Peanut Butter footBalls.

The consumers said the packaging for Reese's products was not "always deceptive and misleading," according to the suit. Changes were made, including adding detailed carvings to the packaging, by Hershey in the last two to three years to "boost sales and revenues," the complaint continued.

H.B. Reese, an employee of The Hershey Company, created Reese's Peanut Butter Cups in his basement, according to Hershey's Chocolate World. Hershey's supplied Reese with the chocolate coating for his candy and bought his business in 1963, the candy store's website said.

More consumers could join the Reese's lawsuit, plaintiffs say

The consumers already attached to the suit are welcoming others to join.

Anyone who bought a Reese's Peanut Butter product in Florida within the past three years since carvings appeared on packages could be eligible to join the class if one is certified, according to the complaint.

"At this time, plaintiffs believe that the class includes thousands of members," the complaint says.

The members of the suit are seeking "compensatory damages in an amount according to proof at trial."