Hershey Lawsuit: Reese’s Pumpkin Case Dismissed, No Settlement to Claim
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The Hershey lawsuit in the news is the Reese’s Halloween pumpkin case — and a federal judge in Miami threw it out in September 2026. Other consumer suits over PFAS in candy wrappers and over Reese’s packaging are still pending. As of October 6, 2026 there is no Hershey settlement, no fund and no claim form.
Editorially Reviewed — Content reviewed for accuracy using published legal research, government data, and verified court records. See our methodology
Reviewed by Leonard Goldberg, Editor · Last updated
What the Lawsuits Against Hershey Allege
There is no single Hershey lawsuit. Several separate consumer cases run under the name, and none of them has been proven.
Reese’s pumpkins (Florida). Two Florida buyers alleged that Reese’s Peanut Butter Pumpkins were sold with packaging showing carved faces the candy did not have, and that they paid up to 25% too much as a result. Hershey said the package called the carvings a “decorating suggestion.”
Reese’s packaging (New York). A similar suit, Lane v. The Hershey Company, was filed on February 12, 2026, on behalf of buyers in other states, according to secondary reporting.
PFAS in wrappers (Pennsylvania). The lawsuit alleges that wrappers for Hershey’s Milk Chocolate Bars, Reese’s Peanut Butter Cups, KitKats and other products contain “alarmingly high” levels of PFAS, the so-called forever chemicals, and pleads deceptive marketing, breach of warranty and unjust enrichment. Hershey says it has “banned PFAS in packaging for well over a decade.”
Child labor in cocoa. Older cases in the U.S. and Canada allege that Hershey benefited from child labor on Ivory Coast cocoa farms.
Case Details
Reese’s pumpkins: Vidal v. The Hershey Company, No. 0:24-cv-60831, U.S. District Court for the Southern District of Florida, Judge Melissa Damian, filed May 17, 2024.
Reese’s packaging: Lane v. The Hershey Company, No. 2:26-cv-00824, U.S. District Court for the Eastern District of New York, filed February 12, 2026, jury trial demanded.
PFAS wrappers: In re Hershey Chocolate Litigation, No. 1:24-cv-01868, U.S. District Court for the Middle District of Pennsylvania, Judge Keli M. Neary. The lead case, Parish v. The Hershey Company, was filed October 29, 2024, and later suits were consolidated with it.
Child labor: Coubaly v. Cargill Inc., No. 22-7104, U.S. Court of Appeals for the D.C. Circuit. In Canada, a proposed class action against Hershey Canada and The Hershey Company is in the Supreme Court of British Columbia.
Status as of October 2026: One Case Dismissed, Others Pending
Reese’s pumpkins — dismissed. Reuters reported on September 17, 2026 that Judge Damian dismissed the case because the plaintiffs lacked standing: “their only injury is their subjective disappointment.” She had dismissed an earlier version in September 2025. The plaintiffs’ lawyer said they planned to appeal.
PFAS wrappers — pending. Hershey moved to dismiss on June 27, 2025, calling the case “a house of cards.” As of October 2026 we found no public ruling on that motion.
Reese’s packaging in New York — pending. Filed February 12, 2026; no ruling found.
Child labor — U.S. case lost on appeal. On July 22, 2025 the D.C. Circuit ruled 3-0 against eight Malian citizens who sued Hershey, Nestle and five other companies. In Canada, a B.C. judge denied Hershey’s bid to dismiss on jurisdictional grounds on June 29, 2022.
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Are You Affected?
If you bought Reese’s seasonal candy or Hershey chocolate in its wrappers, you would fall within the proposed classes in the pending cases. But no U.S. class has been certified in any of them, so there is nothing to join and nothing to file.
If you were a Florida Reese’s pumpkin buyer: that case is dismissed. Unless an appeal revives it, no payment will come from it.
If you are in Canada: the British Columbia case is separate from the U.S. cases. Its counsel, Koskie Minsky LLP, posts updates on its case page.
You do not need to keep wrappers or receipts for any open claims process, because none exists. If a settlement is ever approved, the notice will say what proof is needed.
Is There Money? Not Today
How cases like this one end
Our copy of the federal courts’ own case database covers 24,037 other fraud casesclosed in U.S. federal district courts between 2015 and 2025, 27.4% of them filed as class actions:
- 17.3% ended in a settlement recorded by the court. Another 22.5% were dismissed voluntarily, which often follows a private settlement — so the real settlement share sits between 17.3% and 39.8%.
- 10.4% were decided on a motion before any trial.
- 1 in 111 reached a trial (0.9%), after a median of 30 months.
- Median time from filing to the end of the case: 7 months.
- Only 735 of them (3.1%) record a money award at all; the median of those is $663,000.
These are base rates for this type of case (federal other fraud cases) — not a prediction about this lawsuit, and not legal advice. Source: Federal Judicial Center, Integrated Database (civil), analysed by Settlement Insight. Cases heard in state courts are not included.
Hershey Lawsuit Timeline
- 1
May 17, 2024 — Reese’s Pumpkin Suit Filed
Two Florida buyers sue in the Southern District of Florida (No. 0:24-cv-60831), alleging the pumpkins lacked the carved faces shown on the package.
- 2
October 29, 2024 — PFAS Wrapper Suit Filed
The lead PFAS case, No. 1:24-cv-01868, is filed in the Middle District of Pennsylvania. Later suits are consolidated with it.
- 3
June 27, 2025 — Hershey Moves to Dismiss PFAS Case
Hershey calls the consolidated complaint “a house of cards” and says it banned PFAS in packaging long ago.
- 4
July 22, 2025 — Child Labor Appeal Rejected
The D.C. Circuit rules 3-0 against eight Malian citizens who sued Hershey and other cocoa buyers (No. 22-7104).
- 5
February 12, 2026 — New Reese’s Suit in New York
Lane v. The Hershey Company, No. 2:26-cv-00824, is filed in the Eastern District of New York.
- 6
September 2026 — Reese’s Pumpkin Case Dismissed Again
Judge Melissa Damian dismisses the Florida case for lack of standing, as Reuters reported on September 17, 2026. The plaintiffs’ lawyer says they plan to appeal.
Three Things to Watch For
Every Halloween news cycle about Reese’s brings fake “Hershey settlement” offers. Watch for these:
“Claim your Reese’s settlement” pages
The Reese’s pumpkin case was dismissed, not settled. A site asking for your name, address or bank details to pay you from it is collecting data, not filing a claim.
Free Hershey candy or gift-card “compensation”
Messages promising free chocolate or a gift card “because of the lawsuit” are a common phishing lure. No court has ordered Hershey to give consumers anything.
“Sign up now for the PFAS payout”
The PFAS wrapper case has no class, no settlement and no claims portal. Forms that ask you to register wrappers or pay a fee to be included are not court processes.
Hershey Lawsuit — Questions People Actually Ask
Is there a Hershey class action settlement I can claim?
No. As of October 6, 2026 no Hershey consumer lawsuit has settled. There is no fund, no administrator and no claim form.
What happened to the Reese’s pumpkin lawsuit?
Judge Melissa Damian in Miami dismissed it in September 2026, ruling the plaintiffs lacked standing because their only injury was “subjective disappointment.” Their lawyer said they planned to appeal.
Did Hershey lose the PFAS wrapper lawsuit?
No ruling either way. The case, No. 1:24-cv-01868 in the Middle District of Pennsylvania, is pending. Hershey moved to dismiss it on June 27, 2025, and we found no public ruling on that motion as of October 2026.
Is Hershey chocolate unsafe because of PFAS?
That is the lawsuit’s allegation, not a court finding. Hershey says it has banned PFAS in its packaging and argues the testing behind the suit is unreliable. Hershey says the report the suit relies on came from a firm whose associates held a short position in Hershey stock.
Is there another Reese’s lawsuit?
Yes. Lane v. The Hershey Company, No. 2:26-cv-00824, was filed in the Eastern District of New York on February 12, 2026. It is at an early stage, with no class certified and nothing for consumers to do.
What about the child labor lawsuits?
In the U.S., the D.C. Circuit ruled against the plaintiffs on July 22, 2025, finding no plausible link between their forced labor and the companies’ cocoa supply. In Canada, a proposed class action is before the Supreme Court of British Columbia, where Hershey’s jurisdiction challenge was denied on June 29, 2022.
Are the wage-and-hour records lawsuits against Hershey?
No. The 33 records in our data box are Department of Labor investigations at businesses operating under the Hershey name, including dealers and franchise locations. They are not lawsuits against The Hershey Company.
How do I know if a Hershey settlement notice is real?
A real notice names the case and court, points to a settlement website run by a court-appointed administrator, and never asks for a fee. Today no such notice exists for any Hershey consumer case, so any notice claiming otherwise should be treated as suspect.
Separate from this case: were you injured in the last 2 years?
Class-action payouts are fixed amounts through an administrator. A personal injury claim is a different case — and often worth far more. Free estimate, no obligation.