You Might Be a Winner
        A blog from the attorneys of Verrill

        Not Sorry? Reese’s May Be In Trouble For On-Pack Sweepstakes Disclosures

        by Robert Laplaca on October 18, 2023

        Being born and raised in Pennsylvania, let me start by saying that I love Reese Cups – a perfect mix of chocolate and peanut butter that just makes you so happy. And of course, Reese’s should not be sorry that they make you want to have a Reese Cup. But perhaps they may be sorry that Edgar Dworsky, a consumer advocate and former assistant attorney general from Massachusetts questioned Reese’s recent sweepstakes which was advertised on packaging with the message: “You Could Win $25,000. See details inside.”

        The potential problem is that the packaging could lead consumers to believe that a purchase is required to obtain a game code to enter for a chance to win – which, as we all know, is something to be sorry for because you need a free method of entry to avoid being an illegal lottery.

        The Official Rules for the sweepstakes (here) provide that no purchase is necessary to enter and disclose an Alternate Method of Entry by mail-in to obtain a game code.

        Advertisements and packaging related to sweepstakes and games of chance generally have to disclose NO PURCHASE NECESSARY. Many states have laws pertaining to what material disclosures need to be made and deceptive advertising/unfair trade practice laws dictate that sweepstakes ad cannot be deceiving.

        Typically, ads and packing include a NPN message, eligibility (age and states), start/end dates, how to obtain the full rules and the sponsor’s name and address, and often also include the (major) prizes and odds of winning. And they usually state “Void where prohibited,” which I admit to doing even though this phrase seems like you’re stating the obvious.

        The states of Minnesota and Wisconsin have specific statutes that require certain disclosures on packaging for any in-pack or on-pack promotion, including that the “label of the promotional package and any related advertising clearly states any method of participation and the scheduled termination date of the promotion.” These statutes also require a sponsor to provide the retailer with a supply of entry forms or game pieces. And by statute, the states of Georgia, Florida, New York and Rhode Island require the posting of the Official Rules at retail for retail promotions.

        I’m not here to opine on whether our beloved chocolate/peanut butter concoction had to or did comply with any disclosure laws, but merely point out these statutes to maintain my status as a promotion nerd.

        We’ll have to wait and see if Reese’s is sorry for its packaging disclosures.

        You Might Be a Winner

        Promotion and sweepstakes laws vary widely across the fifty states and under federal regulations, creating complex challenges for today’s innovative marketers. This blog explores the latest updates and trends in promotion and marketing law, offering practical insights to help brands stay compliant while pushing creative boundaries. We’ll also discuss noteworthy, questionable, and groundbreaking promotional campaigns to encourage thoughtful discussion among marketing and legal professionals.

        Key Contact

        Subscribe

        Looking for more great content? Subscribe for regular legal updates and information delivered right to your inbox.

        Firm Highlights

        Alerts and Newsletters

        Maine’s New Employer Surveillance Law, 26 M.R.S. § 620-A

        Effective July 14, 2026 Maine employers that electronically monitor employees must comply with a new disclosure law effective July 14, 2026. Under...
        Press Releases

        Verrill Recognized by U.S. News as One of the Best Law Firms to Work for in 2026

        BOSTON, Mass., BANGOR and PORTLAND, Maine, GREENWICH and WESTPORT, Conn., – Verrill has been featured on U.S. News’ 2026 Best Companies to Work...
        Blog

        SECURE 2.0 Roth Catch-Up Rules and the 403(b) 15-Year Catch-Up: What Tax-Exempt Employers Need to Know

        Tax-exempt employers whose 403(b) plans offer catch-up contributions for participants age 50 and above should be well on their way to compliance with...
        Media Mentions

        Robert Keach Quoted in Law360 on SIMAD Summer Camp Bankruptcy Sale

        Verrill attorney Robert Keach was recently quoted in a Law360 article examining the Chapter 11 bankruptcy proceedings involving SIMAD Holdings and...
        Media Mentions

        Chris Tsouros Featured in Law360’s Coverage of Sports Real Estate Deals

        Verrill Partner Chris Tsouros was recently recognized in a Law360 article highlighting law firms involved in significant sports real estate projects...
        Blog

        What Maine’s New Employer Surveillance Law Means for Maine Employers

        Maine employers who monitor their workforce, whether through productivity software, GPS, call recording, or cameras, have a new compliance obligation...
        Blog

        Run Don’t Walk: The Implication of “While Supplies Last” Prize Promotions

        This month a big-chain grocery store has been offering daily mystery boxes during specific timed drops on a first-come, first-served basis, to users...
        Blog

        Maine’s Noncompete Statute is Reshaped for Health Care Workers: What You Need to Know

        Employers of individuals who are licensed under state law to perform, or provide, health care services in the State of Maine should be prepared for...
        Media Mentions

        Steven Davis Featured in the Environmental Business Journal

        Steven Davis, President of Verrill Strategic Consulting, was recently interviewed and featured in the Environmental Business Journal, Volume 39...
        Blog

        What is a Bonus for Purposes of ERISA?

        An ongoing dispute about a Department of Labor advisory opinion published last September raises a basic but unanswered question under the ERISA: What...
        Media Mentions

        Verrill Recognized by WMTW for Partnership Supporting Hunger Relief in Maine

        Verrill was recently featured in coverage by WMTW News 8 for its role in a collaborative effort to combat food insecurity across southern...
        Press Releases

        33 Verrill Attorneys, Across Four Offices, Recognized in the 2026 Chambers USA Guide

        BOSTON, Massachusetts, PORTLAND, Maine, WESTPORT, Connecticut, and WASHINGTON, D.C. – Verrill has been recognized as a Leading Firm in 14...