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A Brooklyn man has filed a class action lawsuit in federal court alleging Energizer AA MAX batteries are falsely marketed.
Eduard Skylar, who seeks to represent a Nationwide Class and New York Subclass of consumers, argues that through product’s packaging, as well as commercials and other media, Energizer tricks consumers into believing that the Energizer AA MAX batteries last longer than other batteries.
According to the complaint, the product’s marketing claims the Energizer AA MAX batteries last “up to 50% longer … than basic alkaline in demanding devices.”
Skylar says while Energizer doesn’t define “basic alkaline,” most consumers understand the term to refer to nearly all alkaline batteries.
“That is false, since Energizer AA MAX batteries are not ‘up to 50% longer lasting’ than other competing batteries, including, for example, Duracell Coppertop batteries,” the complaint states.
Also not defined by the company is the term “demanding devices.” Because the phrase does not have a standard meaning, the plaintiff says, consumers understand it “to include a broad range of devices.”
Skylar says he purchased Energizer MAX batteries at a Brooklyn Walgreens three times in 2020, most recently in November, as well as from an online retailer.
Before making his purchases, Skylar says, he relied on the battery maker’s representations the Energizer AA MAX batteries would last up to 50% longer than basic alkaline batteries.
Skylar argues he paid a premium for the batteries because of this claim.
However, the plaintiff alleges, the batteries do not, in fact, last 50% longer. In fact, competing products, such as Duracell Coppertop batteries, last longer than the Energizer AA MAX batteries “across several [American National Standards Institute] ANSI battery discharge testing standards.”
Therefore, by making the claim about its MAX batteries lasting 50% longer, Energizer deceives customers into buying its product over others.
Skylar also believes Energizer AA MAX battery life is dependent upon where the product is manufactured.
Those sold in the U.S. are made at various sites in Singapore, Thailand and the U.S., and the batteries manufactured in other countries “have a significantly shorter life” than those manufactured in the U.S., Skylar argues.
A similar class action lawsuit filed recently alleges Duracell Optimum batteries aren’t long-lasting as advertised and can leak toxic substances.
The plaintiff in the Energizer class action lawsuit demands a jury trial and seeks actual, punitive and statutory damages, attorneys’ fees and costs, restitution, and pre- and post-judgment interest.
He also seeks an order stopping the defendant’s alleged unlawful conduct and any other relief the Court deems appropriate.
Have you used Energizer AA MAX batteries? Tell us about your experience with the product in the comments below.
The plaintiff is represented by Gary S. Graifman and Melissa R. Emert of Kantrowitz, Goldhamer & Graifman PC; David C. Magagna Jr. and Charles E. Schaffer of Levin Sedran & Berman; and Gary E. Mason, David K. Lietz and Gary M. Klinger of Mason Lietz & Klinger LLP.
The Energizer AA Max Batteries Class Action Lawsuit is Eduard Skylar, et al. v. Energizer Brands LLC, Case No. 1:20-cv-06216, in the U.S. District Court for the Eastern District of New York.
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1,990 thoughts onEnergizer AA MAX Batteries Allegedly Not As Long-Lasting As Advertised
Very clever marketing with the Energizer Bunny because that is why people initially reached for the brand….that and the promise of 50% longer
use…we all knew they promised us that it would just keep “going and going!” The MAX does not last 50% longer once you have them home and already paid the premium price. Definitely deceptive trade practices in advertising by using a very cute little bunny. and a lie. They threw the line out, hooked the consumers, then reeled us in.
About 10 years ago I started to notice a differance. Not only battries did’t last long, they also corroded and ruined some of my products. Have a big family and always around Christmas we stocked up on battries. Also live in Florida, have to be prepaired for hurricane season. Add me.