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Hershey's lawsuit argues the company uses 'deceptive' packaging in Reese's products

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Hershey's lawsuit argues the company uses 'deceptive' packaging in Reese's products

Four customers in Florida have filed a federal lawsuit against The Hershey Company alleging that designs displayed on some Reese’s Peanut Butter cups were misleading to customers.

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Plaintiffs v. The Hershey Company


Four customers in Florida have filed a federal lawsuit against The Hershey Company alleging that designs displayed on some Reese’s Peanut Butter cups were misleading to customers.

Plaintiffs v. The Hershey Company

Several individuals in Florida have filed a federal lawsuit against The Hershey Company alleging that designs displayed on some Reese’s Peanut Butter cups were misleading to customers.

In a 20-page lawsuit obtained by NPR, four consumers — Nathan Vidal, Debra Kennick, Abdjul Martin and Eduardo Granados — argue that the chocolate manufacturer misled its customers with several of its Reese’s Peanut Butter products by showing “explicit carved out artistic designs” on the wrappers.

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Once the chocolate candies are unwrapped from their packaging, the actual products and the products are “blanks,” the lawsuit says.

“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 suit reads.

The chocolate candies listed by the consumers in the lawsuit include — Reese’s Medal, Reese’s Peanut Butter Pumpkin, Reese’s White Ghost, Reese’s Peanut Butter Bats and Reese’s Peanut Butter FootBalls.

In the suit, the four customers allege that the products’ packaging was not “always deceptive and misleading,” as the company changed the packaging for the products to include detailed carvings within the last two to three years in order to “boost sales and revenues.”

The four consumers are asking for an unspecified amount in compensatory damages in an amount according to proof at trial, the lawsuit says.

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The Hershey Company has not responded to NPR’s multiple requests for comment.

Anthony Russo, the attorney representing the case, told NPR his firm receives dozens of calls a month for cases involving misleading advertising when it comes to products and advertising.

“I’d say about 98-99% of [the cases] we have to turn down just because we don’t feel like the particular fact pattern is strong enough to pursue a case,” Russo said.

Russo didn’t specify why his firm took this case but he said they’re also representing another set of plaintiffs in a class action suit against Burger King. The plaintiffs argue that the fast food chain uses misleading advertising to present its food items as larger than they are.

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The Hershey Company is no stranger to lawsuits involving false representation in its products.

In January, a Florida woman filed a lawsuit against the company after alleging she purchased Reese’s Peanut Butter Pumpkins with a jack-o’-lantern wrapping in October. The woman, Cynthia Kelly, said the picture on the wrapper did not match the chocolate candy she unwrapped.

Kelly’s lawsuit argues that the problematic packaging extends to Reese’s seasonal ghosts, bats and pumpkins — citing several YouTube videos of other customers complaining.

“This is a class action against Hershey for falsely representing several Reese’s Peanut Butter products as containing explicit carved out artistic designs when there are no such carvings in the actual products,” the lawsuit says.

Kelly is seeking at least $5 million in damages. It is unclear whether her case will make it in front of a judge.

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NPR’s Megan Lim contributed reporting.

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What the Supreme Court did on the final day of its term

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What the Supreme Court did on the final day of its term

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The Supreme Court Tuesday upheld the long-established right of children born on U.S. soil to automatic American citizenship, regardless of their parents’ immigration status. In so doing, the court rejected President Trump’s most aggressive attempt to limit immigration in the United States.

Writing for the court majority, Chief Justice John Roberts traced birthright citizenship back to the founding of the nation. Just as the colonists demanded “the rights of Englishmen” more than 250 years ago, he said, Congress, after the Civil War, amended the Constitution to specify automatic citizenship for any child born on U.S. soil.

“Citizenship then and now was the right to have rights”—and the framers of the 14th amendment extended that promise to every free born person in this land. He concluded: “We keep that promise today.”

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The vote was 6-to-3, depending on how you count it. Altogether, five justices signed on to the Roberts’ majority opinion. A sixth, Justice Brett Kavanaugh, agreed only that federal legislation enacted in the 1950s grants automatic citizenship for children born in the U.S.

Justice Clarence Thomas wrote the lead dissent, a 91-page opus that agreed with Trump’s assertion that the 14th amendment only applied to former slaves and their descendants. The Thomas dissent added ominously that he “was not sure that “today’s opinion will stand the test of time.” The dissent was joined by Justice Neil Gorsuch, with Justice Samuel Alito writing a separate dissent.

Justice Ketanji Brown Jackson, who, like Thomas is African American, responded to some of the themes in the Thomas dissent.

“Despite his longstanding endorsement of a colorblind society,” she wrote, “Justice Thomas now surprisingly suggests that the citizenship clause was a race-conscious remedial measure relating only to freed slaves.”

Cecillia Wang, legal director of the ACLU, who successfully argued the case at the Supreme Court, said President’s Trump failed attempt to limit birthright citizenship was transparent.

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Rep. Tom Kean returns to Congress, says depression is why he went missing for months

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Rep. Tom Kean returns to Congress, says depression is why he went missing for months

Rep. Thomas Kean Jr., R-N.J., arrives at the U.S. Capitol with his wife Rhonda Kean on June 30.

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New Jersey Republican Thomas Kean Jr. said it was struggles with depression that kept him away from Congress for nearly four months with no explanation to his constituents.

Kean last voted on March 5th, missing numerous votes and other appearances on Capitol Hill since. In April, House Speaker Mike Johnson told reporters he had spoken to Kean and that he was dealing with an undisclosed medical issue. Kean was not spotted until recently at his New Jersey home.

Speaking from the House floor on Tuesday, the second term lawmaker said he had checked into a hospital for testing several months ago after health concerns, and was subsequently diagnosed with depression.

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“Talking about myself has never come naturally,” Kean said. “But I believe that I owe an explanation to the people of New Jersey’s seventh district, to my colleagues in this chamber and to the American people for my absence.”

Kean said he originally did not think his diagnosis would result in a long-term absence. Doctors recommended he remain in the hospital to address the illness, and it was his fastest route to recovery, he said.

“It is physical. It is emotional,” he said. “And until you experience it yourself, it is difficult to fully understand how powerful this illness could be.”

Kean said he miscalculated how long he would be away, estimating it would be a matter of weeks. However, he said like the roughly 48 million Americans who have battled the illness, he learned there is no timeline for recovery.

“I am grateful that I accepted help,” Kean said. “Today I stand before you healthier, stronger and excited to return to the work that I love.”

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Kean’s absence proved a struggle for House Republicans, who contend with a razor thin majority to pass party priorities. For weeks, Kean and his office declined to share additional details on why he was away, feeding rumors and speculation and raising interest in a member known for his privacy.

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Michigan governor threatens to pull troops from D.C. if used for Trump task force

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Michigan governor threatens to pull troops from D.C. if used for Trump task force

Members of the National Guard stand in front of a large image of U.S. President Donald Trump that hangs from the the Robert F. Kennedy Department of Justice Building on May 18, 2026 in Washington, D.C.

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WASHINGTON, D.C. — In a strongly worded letter to the head of Michigan’s National Guard, Gov. Gretchen Whitmer reiterated troops from her state are only to be used for operations surrounding America 250 celebrations in Washington, D.C., and not for President Trump’s long-running — and controversial — joint task force to fight crime. She said that she would pull her troops from the city if that is not the case, in the letter obtained by NPR.

“Please take all necessary measures to ensure the Michigan National Guard is only supporting the narrow and limited America 250 Mission and is in no way supporting the D.C. Safe and Beautiful Mission,” wrote Gov. Whitmer, referencing the official name for the federal task force.

Trump deployed hundreds of troops to Washington, D.C., in August of 2025, in what experts said was a stunning departure from governing norms. He said he did so to address rampant crime, despite declining crime rates at the time. The number of troops in the city has increased over time to more than 4,800 from Washington, D.C. and almost two dozen states, which until recently were exclusively Republican-led.

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Michigan — which has 161 guard members currently in the city — is one of four Democratic-led states that sent members of their National Guard to D.C. in recent weeks, ahead of an influx of tourists for America 250 celebrations. North Carolina and Kentucky each sent one member of their guard, while Minnesota sent more than a hundred last week.

Kentucky confirmed to NPR Monday that it had recalled its one guard member over the weekend, after that member was “diverted to the task force by the federal government without the knowledge or consent of Gov. Beshear of the Kentucky Guard,” Scottie Ellis, a spokesperson for Gov. Beshear, wrote to NPR in an email.

When contacted by NPR, spokespeople for each respective Democratic governor’s office made it clear that their guard members were sent to help specifically with America 250, not for law enforcement purposes as part of the larger ongoing federal joint task force operation. All four states have been clear about their opposition to the Trump administration’s ongoing deployment of National Guard troops to D.C., filing an amicus brief in support of litigation challenging it as recently as May.

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