Reese’s could also be in violation of state and federal legal guidelines with its new sweepstakes supply presently marketed on packs of peanut butter cups.
The promotion on two-cup packages reads “You possibly can win $25,000” and, in smaller print, “See particulars inside.” However solely after customers have purchased and opened a package deal can they see the small print: no buy is important to enter the sweepstakes.
The Reese’s contest was first reported Monday by Edgar Dworsky, a client advocate and former assistant legal professional normal in Massachusetts, who runs the Shopper World web site.
Hershey Co., that Pennsylvania candymaker that owns the Reese’s model, didn’t instantly reply to phone and e-mail messages left Monday by The Related Press.
Sweepstakes are primarily ruled by state legal guidelines, which require that no buy is important to take part. A contest that requires a purchase order is a lottery, which is topic to totally different guidelines.
Three federal companies — Federal Commerce Fee, the Federal Communications Fee and the U.S. Postal Service — additionally implement legal guidelines governing sweepstakes relying on the medium. The Postal Service requires mailed sweepstakes presents to clarify that no buy is important, for instance. The FTC does not govern sweepstakes particularly, however has broad legal guidelines prohibiting “unfair and misleading acts.”
The FTC mentioned Monday that it may’t touch upon the practices of explicit firms exterior of an investigation. It wouldn’t verify or deny an investigation towards Hershey.
Dworsky mentioned an indication close to Reese’s sweet shows making clear that no buy is important would possibly meet authorized necessities. However a spot examine of sweet shows in a number of states, together with California, Virginia and Washington, discovered no such indicators.
Dworsky famous that Reese’s ran an identical promotion earlier this yr that led to April utilizing the identical packaging. A few of these packages are nonetheless on the market, although the sweepstakes code has expired, he mentioned.
Dworsky mentioned he is involved that the packaging might lure customers into pondering they should purchase it.
“You by no means must pay to play. All these packages must be recalled,” he mentioned.
The Observe Up
What would you like Denver7 to comply with up on? Is there a narrative, matter or problem you need us to revisit? Tell us with the contact type beneath.
