Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.
Duracell 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.
ATTORNEY ADVERTISING
Top Class Actions is a Proud Member of the American Bar Association
LEGAL INFORMATION IS NOT LEGAL ADVICE
Top Class Actions Legal Statement
©2008 – 2024 Top Class Actions® LLC
Various Trademarks held by their respective owners
This website is not intended for viewing or usage by European Union citizens.
149 thoughts onDuracell Batteries Leak In Normal Use, Class Action Claims
I have had Duracell AA ( 2025 and 20028 dated )ruin many items. Bose noise attenuating headset . The AAA swelled up and I had to drill a hole in it to remove. I called Duracell and told them $400 and they could have cared less. PlayStation remote, clocks “Costco electric candles that were theirAA were supplied in packaging “popped “acid in my wife’s face, LED battery case, Camera, etc . Called every time, and they just sent a sheet of paper telling me how to handle batteries. Switched to Energizer and not had a single problem since.
They SUCK – “made in China”
I bought 10 year Dura”fail” AA marked “MAR 2029” at Costco for all our smoke detectors in the house and entered install date Nov 2019 into my iphone calendar to check in two years – didn’t make it. Our master bedroom smoke detector started loud shrieking chirp at 2:30 AM last night which woke everyone and sent our dogs into a panting frenzy. We replaced them with 2 amazon cheapo’s and the chirping stopped.
Social media is a must to report them to make them and stores give a damn.
Duracell batteries are the worst possible choice when buying a reliable power source. They make and sell crap. They really couldn’t care less about their customers. If a device has been damaged by one of their products you need to complain to them and demand just compensation. I have done this at least twice and they did send me a check to cover a replacement device. I guess that is a lot cheaper to cut a couple of checks than to actually make a decent product.
ALL OF MINE HAVE LEAKED AFTER USING THEM FOR ONLY A WEEK IN REMOTE TO ROKU, THEY RUIN MY DEVISES IF NOT CAUGHT IN TIME. THIS HAS BEEN THE CASE FOR YEARS. I HAD STOCKED UP ON THEM SO NOW HAVE TO TOSS OUT 40.00 WORTH OF THEM .
I’m very disappointed with this product. I have been using for my entire life.
Costco sells their brand as well as Duracell batteries. I have had batteries leaking, initially thought it might be the lighting fixture. Then the next set of 8 batteries needed for the light also leaked. So this is a known defect, I presume.
SOME OF MINE EXPLODED . GET THE CHEAP KIND AT DOLLAR TREE THEY WORK FINE
do not live up to add. they are too expensive for this kind of quality
It’s sad, been a Duracell fan for years. Had them leaking in a number of things, some I have saved, some I had to throw away. Bought brand new package of AA some were leaking the package. It’s to bad, changing brand.
Duricell aa and aaa dry cells are utter crap. They start leaking after install. Several of my electronic and flash lights have been destroyed as a result. Even unused ones leak.
Why this previous class action was dismissed is beyond understanding. I now use EBL batteries with no issues.
I’ve had so many problems with duracell batteries over the years that I decided to look into in online and I found this site. I also purchased duracell because they used to have a good reputation. I was getting them in bulk at Costco. I’m hoping that complaints directly to Costco might help. They sell a ton of duracell batteries, but I believe they would stop if they had enough complaints from consumers about the problems.
Why does Costco CONTINUE to sell these pieces of junk?
I have bought several Item with the Duracell batteries in them and they all leaked and damaged the item. to let Duracell know I will never buy any more of there product because they damaged kid toys and a lot of flashlights and remotes in my house hold and i will tell my friends and relatives to not use them because of that reason.
We have had many devices damaged or completely ruined by leaking batteries, in some cases while the devices still worked with the leaky batteries. Remove the battery cover to replace batteries and if there is a mess, it is always duracell AA or AAA coppertop batteries. We do not buy duracell anymore.