Courtney Jorstad  |  December 2, 2014

Category: Consumer News

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DuracellDuracell Coppertop Duralock batteries are prone to leaking battery fluid during normal use, a recent deceptive marketing class act lawsuit claims.

Plaintiffs Lauren Carlson and Jamal Yusuf, both of Massachusetts, filed their Duracell class action lawsuit in a Massachusetts federal court on Nov. 19 against Duracell makers The Gillette Company and The Proctor & Gamble Company.

“Plaintiffs allege that Defendants concealed and misrepresented material facts concerning potential battery leakage during the intended use of their Duracell Batteries,” the explain in their Duracell Batteries class action lawsuit.

Duracell announced in a June 2012 press release that it would be launching batteries that came with “Duralock Power Preserve Technology.” These batteries would have a “Duralock ring” marked on them and would come with a ten year guarantee in storage, not while being used.

This 10 year guarantee was marked prominently on Duracell Coppertop packaging for AA and AAA size batteries.

The Duralock batteries were also part of an advertising campaign, which included both radio and television ads.

“On each of the Duracell Batteries, Defendants placed a date ten years in the future to affirmatively represent the date that the battery is guaranteed not to fail,” the Duracell Batteries class action lawsuit states.

“Nowhere on the packaging of the Duracell Batteries is the disclosure that the batteries may leak when used in a normal and expected manner,” it adds.

However, Carlson and Yusuf allege that they do “leak even when used in a normal and expected manner.”

They also allege that Gillette and Proctor & Gamble “conspicuously failed to disclose that the Duracell Batteries leak when not in use and the leakage can damage any device that the batteries are stored in.”

In addition, the “defendants’ glaring omission that the batteries can leak and ruin electronic devices would, and did, mislead reasonable consumers,” they allege.

According to Carlson and Yusuf, the Duracell makers “had knowledge of the problem of leakage in their AA and AAA sized batteries under normal conditions of use intended by Defendants.”

The Massachusetts’ plaintiffs claim that “numerous complaints” were “filed directly with defendants by showing dates throughout the class period showing a leakage problem.”

They further allege that Gillette and Proctor & Gamble relied on the fact that most consumers don’t put a lot of thought into their batteries and “withheld critical information in order to increase sales and/or their market share.”

The plaintiffs claim that they did rely on the advertising campaign when purchasing Duracell Batteries with the 10 year guarantee and “believed that the batteries purchased would not fail for ten years.”

They are proposing a class that includes “all purchasers in Massachusetts who bought Duracell Coppertop AA and AAA batteries with Duralock beginning June 1, 2012 throughout the date of notice.”

Carlson and Yusuf are charging the defendants with breach of implied warranty of fitness for a particular purpose and unjust enrichment.

The plaintiffs are represented by Erica Mirabella of Mirabella Law, LLC, by Richard Barrett and Barrett J. Clisby of Barrett J. Clisby PLLC, by Dewitt Lovelace and Valierie Lauro Nettles of Lovelace and Associates, PA, by Charles Barret of Charles Barrett, PC, by Thomas Thrash of Thrash Law Firm, PA, Ben Pierce Gore of Pratt & Associates, by Charles LaDuca and Taylor Asen of Cuneo Gilbert & LaDuca, LLP.

The Duracell Batteries False Advertising Class Action Lawsuit is Lauren Carlson, et al. v. The Gillette Company, et al., Case No. 1:14-cv-14201, in the U.S. District Court for the District of Massachusetts.

UPDATE: The Duracell battery class action lawsuit was dismissed on Oct. 21, 2015.

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149 thoughts onDuracell Batteries Leak In Normal Use, Class Action Claims

  1. Aaron says:

    I don’ t know why people think that Duracell batteries ever were a good battery. As far back when they first sold them late 70’s and to this day I have known numerous people and friends/family had them leak in every device. All Duracell battery sizes and types always leak. So once they destroy your device it’s a real simple lesson do not use them or buy them ever again. I always buy Energizers, they work longer and never leak !!!

  2. Chris F. says:

    My father and I have experienced the same issues. We have always used Duracell. The first couple of times they leaked I thought it was a fluke. After talking with my dad he had been having the same problems. what a shame. I am sure they cheapened the manufacturing process in some way. I would rather use batteries that do not last as long than ones that leak! Now we are on the hunt for a new brand.

    1. Clark Elliott says:

      I have had nothing but trouble with Duracell AA batteries the last few years.They used to be very good but are next to worthless now.

      Try the Panasonic eneloop rechargeable batteries. That is what I switched too. They work great, and can be recharged hundreds of times! I ordered them off of eBay and it was one of the best purchases I made!

  3. Carl Stewart says:

    Its the same for me. The Duracell batteries have leaked in too many of the things that I used them in. Its very easy for me to stop it. I will buy a brand that does not leak. I have had better luck with dollar store batteries.

  4. Synoptic12 says:

    Here is an email sent to Duracell to different locations, in which neither was answered. Called Duracell and they refused to answer the phone while waiting for over twenty minutes waiting for an agent. Duracell knows the problem exists (battery leakage) and refuse to honor or hear any claims: > Dear Sirs:

    I am writing in reference to the Duracell AA batteries which we always purchase. We have at least 100 batteries stocked at all times which we can verify. To begin, two flashlights were ruined due to the fact of the Duracell AA batteries corroding or exploding in the battery housing. Two Maglite flashlights had to be thrown away, in that the Duracell AA batteries fused to the inside flashlight housings. The batteries could not be removed. This 6th Day of December 2015, I decided to check an additional flashlight we own, the Nite-Ize Blackjack. Upon removing the tail cap, the Duracell batteries were corroding as the inside housing contained much acid. The batteries were still working properly but were leaking, or corroding.

    I would very much appreciate a response at your earliest convenience to address this problem. Thank you very much for your time and consideration in this matter.

  5. Glenn N. says:

    A month ago, I started looking for a remote to startup an old laserdisc, it did have a leaky dead Duracell. I looked in other remotes for batteries and found Duracells that had leaked. Then I started checking everywhere, TI calculator, other remotes and a Maglight flashlight corrosion damage where the batteries are stuck. I cleaned up the contacts the best I could but the calculator won’t turn on. The remote that I needed to watch tv worked good enough. Don’t leave batteries inside esp. Duracell that leak when still charged. Don’t buy Duracell

  6. T.L says:

    duracell batteries have always been my favorite , i use alot , i buy by the 40 pack … i have noticed numerous battery failure in duracell over the last couple years . i got tired of duracell ruining my flashlights and equipment, so i searched internet , and found this site , talking about class action suit, that has been dismissed , shame on duracell, i have no chiioce but to never buy duracell again as long as i live , and i will tell everyone i know to do the same ,,,GOODBYE DURACELL FOREVER

    1. Wes wallace says:

      I’m a very big buyer of the Duracell AA batteries.well with 4 boys and 2 girls my Battery costs per year are anywhere from $1,200 to $1,800 per year.game controllers $60 each some $100 radios 120 dolls $100 the thing is I don’t have a problem with buying my children’s toys even though there expensive.the batteries i purchase every year have to be the best they advertise there copper top well I pay alot for the best to be seeing my little girl crying because here talking Baby is shorted out because the batteries are leaking all into her doll also she had it all over her fingers n face corrosive batteries.whos fault is this? I see it as a wrongful advertising scheme to suck every dollar from the consumer especially during Xmas.my daughter’s had battery hazardous waste on there precious little delicate bodies because of this billion dollar Duracell business can’t stand behind its safe product quo .I’ve not seen any warnings on any labels saying may leak before expiration dates..what if one of my babies lost an eye or was disfigured due to they on going sale of these horrible dangerous Hazardous materials leaking from these Duracell Batteries.not to mention my babies devastated because they were burned by the materials leaking and that there dolls are shorted out don’t work any longer I had to throw them in the hazardous waste container.who takes care of the neglected parties here being my little PRECIOUS Daughters being subject to hazardous waste leaking batteries.i want to be apologized to for this happening,i want someone to pay this is not going to stop there getting richer by letting there products hurt our children physically and mentally,emotionally as well .who’s at fault here.the purchaser who’s going by the manufacturers word there products are safe.i think not ,I think this is going to have to be the camel that broke the back.Duracell has still yet to do anything for my families damages and emotional grief.they wont even call me back wes Wallace 734-837-2507 very upset daddy and purchaser of a very Dangerous Hazardous materials leaking from a new batteries…please someone anyone who cares should do something.im not stopping here it’s about to go down. Duracell your a joke I’ve not had one problem since we’ve left you Energizer now that’s a safe Battery and company who cares

      1. Mouse says:

        Wow. I was going to order some from Costco when I saw all their poor reviews that spoke of leakage so I decided to Google the issue and found this. How in the world did they ever get the case dismissed if so many people discovered this issue. I too have had items destroyed but just thought it was my fault for leaving the batteries in the items and not using the item regularly. Guess I was not the fault. I trusted Duracell and it has been the only battery I would buy. Not fond of Everyready but guess I will give them another chance. Can’t afford expensive battery operated items to be destroyed.

  7. Top Class Actions says:

    UPDATE: The Duracell battery class action lawsuit was dismissed on Oct. 21, 2015.

  8. Dan mulder says:

    Leaking batteries destroys tv remote control

  9. Ron Gagnon says:

    I have had many Duracell batteries leak in the past year. This is unusual since I have used Duracell for the past 30 or more years and never had similar problems before. I have always used Duracell due to their longevity and superior quality, however something must have changed in their manufacturing process that has rendered this battery a poor quality product. I have had to dispose of several destroyed products including clocks, flashlights, and radios.

  10. alexi says:

    En uso normal de las baterías en un control remoto de cable, se revento una de esas pilas AAA duracell con duralok, comprada hace un mes y de esta salió en abundancia un liquido transparente que luego se seco tipo sarro sobre el control remoto, lo hecho a perder. No compro nunca mas estas pilas.

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