Duracell sues Energizer over battery life claims

NEW YORK, June 16 (Reuters): Duracell has sued Energizer, accusing its rival of misleading consumers in a nationwide TV and online ad campaign about whose alkaline batteries last longer.

In a complaint filed in Manhattan federal court, Duracell, owned by Warren Buffett’s Berkshire Hathaway (BRKa.N) said it has suffered irreparable harm and lost customer goodwill from Energizer MAX ads featuring Energizer’s (ENR.N) sunglasses-clad, drum-beating pink bunny.

Duracell objected to claims that Energizer MAX outlasts Duracell Power Boost batteries by 10 percent, “beats” Duracell, is “proven to last longer,” and “Lasts longer. ‘Nuff said.”

It said Energizer based those claims solely on a comparison of AA batteries under the nonprofit American National Standards Institute’s personal grooming standard.

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The claims “necessarily imply the false message that Energizer MAX batteries outlast all Duracell batteries,” and represent “a clear effort by Energizer to expand its market share–at Duracell’s expense,” Duracell said.

Energizer did not immediately respond on Monday to requests for comment. The complaint was filed on Friday night.

Duracell accused Energizer of false advertising under federal and New York unfair competition laws.

It is seeking unspecified compensatory and punitive damages, including lost profits, and an injunction requiring “corrective advertising.”

Duracell is based in Chicago, and Energizer in St. Louis.

The companies have battled in court before.

In 2019 and 2020, Duracell and Energizer sued each other in the Manhattan court over performance claims in ads for Duracell Optimum and Energizer MAX batteries. Both lawsuits were resolved and voluntarily dismissed in December 2020.

The case is Duracell US Operations Inc v Energizer Brands LLC, US District Court, Southern District of New York, No. 25-05020.