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A class action lawsuit against the makers of Duracell batteries say they’re fraudulently selling their Optimum line of products.
Plaintiff Robert Ferguson of New York says the company not only marks up the premium Duracell batteries with a higher price, but creates them using a potentially toxic blend of chemistry that can leak out.
The Optimum AA and AAA batteries are marketed as a product that gives devices “extra life” and “extra power,” Ferguson says in the complaint, pointing to the advertisements on the Duracell batteries.
Ferguson continues his point in the class action lawsuit by sharing the tagline on the ads: “Duracell’s highest energy disposable AA battery engineered to provide the Extra Life or Extra Power your devices need.”
The use of the terms “‘extra life’ and ‘extra power’ causes consumers to expect the Optimum batteries will last longer and provide more power than the Coppertop batteries and those of other brands,” he said.
In fact, the class action lawsuit claims the opposite is true.
Instead, the Optimum-branded Duracell batteries have a tiny disclaimer printed in hard-to-read font that they “deliver extra life or extra power” than the company’s standard batteries. Ferguson says this disclaimer means the Optimum batteries are only beneficial in a “small” set of devices.
These “disclaimers are insufficient in size and clarity to correct the net impression of consumers,” Ferguson said in the class action lawsuit. “Product may have a longer life or provide extra power — but not both — only compared to” other Duracell batteries.
Consumers, Ferguson contends, are more likely to opt for batteries that last the longest. The Optimum Duracell batteries, according to his class action lawsuit, actually die from non-use faster than others.
“The Optimum batteries use a different chemistry than Coppertop, which is touted as a benefit through these differences cause the Optimum batteries to degrade more rapidly than the Coppertop batteries and other brands,” he says in the complaint.
Even worse than a dead battery, is a dangerous one, the class action lawsuit states.
The complaint refers to “one of the largest battery recalls from stores in modern times” stemming from issues of seeping alkaline electrolytes from certain AA batteries.
Leaky Duracell batteries were the focus of a 2014 class action lawsuit when defendants took action against claims on their “Duralock” line.
Ferguson argues the chemical composition on the Optimum Duracell batteries results in “leakage rates among the highest ever.” He adds that while this formula can deliver more power to a small range of devices, it means the storage life decreases faster over time.
Ferguson is looking to form a Class of New Yorkers who’ve bought Optimum Duracell batteries.
The class action lawsuit accuses Duracell’s U.S. operations of violating New York’s General Business Law and the Magnuson Moss Warranty Act’s Express Warranty provision.
The plaintiff is also accusing the defendant of fraud and unjust enrichment, and is seeking monetary damages as well as injunctive relief.
Have you purchased Optimum Duracell batteries? Let us know in the comments below.
Counsel representing the plaintiffs in this class action lawsuit is Spencer Sheehan of Sheehan & Associates PC.
The Duracell Batteries Class Action Lawsuit is Ferguson v. Duracell U.S. Operations Inc., Case No. 7:20-cv-10734, in the U.S. District Court for the Southern District of New York.
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1,124 thoughts onOptimum Duracell Batteries Can Leak and Don’t Last, Class Action Lawsuit Says
I am here after finally regaining my hearing and ability to function after placing brand new AAA Duracell batteries in a magnifying makeup mirror (I did not even have the power on yet and a horrendously loud popping happened and my skin started burning like tiny shards of glass were landing on me…nothing outrageously large but still I was in such shock it took a good five minutes to understand what eben happened. I contacted the company who said I’ll be receiving an immediate claims form which probably nullifies any future class action or whatever but I was surprised that while my situation seems to be unique (they’re requesting the batteries, mirror etc for testing) there are quite a few people experiencing the loud explosion sound and discovering busted batteries in remotes or computer mice. Chemically I understand what has theoretically happened in those situations when the battery is used once then left ina device and not used for a while it isn’t a matter of IF but WHEN it will either leak or explode (lesson is to take the batteries out if storing items) I digress as this is sounding like a lesson or lecture but people should know that this isnreal and since I may not be able to talk about it soon I wanted to find places like this and share- Be Careful!!! Stay Safe ;)
I have been purvhasing Optima batteries, paying the higher price and using them in my best equipment. I had started to see indications of them not last as long as the standard Duracell & Energizer batteries but thought I could have left something on and depleted them faster that way. I just went to use a work light I keep in my Jeep that should have had days of power left/ the lights were dim and at least one of the AA batteries. Leaked in the compartment. Nothing’s perfect but to advertise these as better and charge a premium for a product that is not only “not as good” but is worse in even a small amount of equipment is unethical and unacceptable.
If you notice they’ve been removed from some big bix stores and clearance at others so while I had a horrible experience and am terrified of any battery for the time being, if they work for you- I’d suggest getting them now. Mine had a year of 2035 for minimum shelf life and exploded within 7 minutes without use…not likely super common or they wouldnt be sold…but it happened and then I saw the prices as I’ve been searching for articles about them.
Is this class action closed? I contacted Duracell for a replacement about a year ago. They never sent the return envelope in the mail and they never returned my message.
My radio controlled clock stops every week after using Duracell Optimum. I stumbled upon your customer reviews and they confirm that I’m paying more for junk. Thanks for the wake up.
I just opened a 6 pack of these AAA batteries and I’m extremely concerned. It is full of some kind of dust and crystals. I went ahead and took a bunch of photos. Definitely do not plan on using these.
Do NOT!!! PLEASE read my post. Donnie jnhale or touch it and if it happens these are not acidic but alkaline so run the area under water dorn30 minutes AFTER removing all dry particles from skin and disposing of clothing etc…and don’t us e them wearing a towel holding the klmirror 3″ from your eyeliner
I just opened a new 12 pack of AAA Duracell Optimum. They’re all leaking with a black substance on them. Very disappointed with Duracell.
Edited:
I just got off of the phone with a representative from Duracell that wasn’t in the greatest mood. I had contacted Duracell to get a refund on 5 packs of batteries that had exploded in my “Oh Sh*t, It’s An Emergency” kits. She made me feel, what I can only describe as; a feeling of being: Intimidated. And for absolutely no wrongdoing on my part at that…
I was calling in to just merely get a refund for the 2 packs, (containing 6 batteries per pack,) of Duracell “Optimum” AAA batteries and 3 packs, (also containing 6 batteries per pack,) of AA batteries, also from the “Optimum” line, by Duracell. All of the 5 packs had exploded; leaking battery acid inside of their sealed packaging. So 30 batteries in total (5 total packs, each containing 6 per pack). The batteries should’ve still been good as they werre still within their expiration dates.
The representative from Duracell had a replacement voucher sent to my home address, but that’s not what I had wanted. I don’t want to replace them with more of the same things… To be honest, I would have preferred a “voucher” for Energizer replacements, or my money back. But I don’t believe that this Voucher/Coupon for replacements is going to provide me with a refund. I am under the impression that I will be receiving just a coupon / voucher type thing to replace the exploded Duracell Optimums, with new Duracell Optimums. Please correct me if I’m wrong.
I would’ve asked her for more information on what the Voucher/Coupon provides me with, however, like I said before, she wasn’t the most pleasant person I’ve spoken to recently… so I got off of the call as soon as I was able to with her…