Duracell Dupes Public With False Ad Claims About Its Optimum Cells, Alleges Energizer
Duracell’s product packaging and ads are duping consumers into believing that its Optimum batteries “are more powerful and longer lasting than all other AA or AAA batteries, when they are not -- and Duracell knows they are not,” alleged archrival Energizer in a complaint (in Pacer) in U.S. District Court in Manhattan. “Only those rare consumers” willing to read Duracell’s fine print will “uncover Duracell’s actual, more limited claim” that Optimum cells may provide longer life and more power compared with Duracell’s own Coppertop batteries, it said Monday. “These paltry and sporadic benefits are not the stuff great ads are made of.” Instead of “conspicuously disclosing these numerous caveats and limitations to consumers,” Duracell decided to “conceal them in barely legible disclaimers that contradict the prominent (but false) claims regarding the Optimum batteries’ performance,” it said. Alleging false advertising under the 1946 Lanham Act, Energizer urges an “immediate” injunction “to protect the public from Duracell’s unlawful behavior,” said the complaint. Duracell didn’t comment Monday.