By Jonathan Stempel
Sept 17 (Reuters) - Hershey won the dismissal of a lawsuit claiming it let down consumers because its Halloween-themed Reese's pumpkins lacked the decorative carved designs shown on the packaging.
U.S. District Judge Melissa Damian in Miami said the two Florida residents leading the proposed class action lacked legal standing to claim they overpaid upon discovering that their peanut butter-and-chocolate pumpkins were faceless.
The plaintiffs, Nathan Vidal and Eduardo Granados, said
they bought their Reese's candy for the "novelty" value of its "cool and beautiful carved-out designs," including for eyes and mouths.
"Accepting plaintiffs’ allegations as true, it is clear that their only injury is their subjective disappointment," Damian wrote. "Plaintiffs do not allege that the Hershey’s Reese’s Peanut Butter Pumpkins that they purchased were defective or worthless or that they lost all economic value because of the absence of the decorative carvings."
The judge also said Vidal and Granados could not show they paid up to 25% too much by citing Reese's prices at Target, at Walmart and in Hershey's online store, because they bought their candy at a Publix supermarket.
Damian dismissed an earlier version of the lawsuit last September.
James Kelly, a lawyer for the plaintiffs, said his clients were disappointed and planned to appeal.
"Consumers in Florida deserve to get what they pay for, and it is troubling to see them left without protection," he said.
Hershey declined to comment, saying it does not discuss litigation.
In a court filing seeking the lawsuit's dismissal, Hershey said its packaging included a disclaimer that the depicted carvings were a "decorating suggestion."
The Hershey, Pennsylvania-based company also said objectively reasonable consumers would not believe the carvings guaranteed what was inside, and the plaintiffs "got what they bargained for--delicious candy."
Last month, Hershey rolled out more than 20 Halloween-themed products, including Reese's pumpkins, for the October 31 holiday.
(Reporting by Jonathan Stempel in New York; Editing by Chizu Nomiyama )
