I get the purpose of false advertising lawsuits, but this one is a hard stretch.
https://www.npr.org/2024/01/05/1222949715/hershey-reeses-peanut-butter-pumpkin-lawsuit-false-advertising
With the lawyer comparing the "what about" to your car, your home, your life savings, when he's talking about a piece of candy says this is a money grab to me and not about anything important.
Either way, frozen is the best way to eat them.