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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.
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149 thoughts onDuracell Batteries Leak In Normal Use, Class Action Claims
I have a number of large flashlights and some smaller devices (mini-recorder) powered by Duracell batteries. After a few years, ALL have recently leaked and ruined most of the devices. I do not recall ever having so many devices ruined this way. Upon removing a swollen “D” cell from my large Maglite, I could actually hear the leaking fluid fizzle (likely corroding the steel wall of the Maglite). I am amazed how such a valid lawsuit could be dismissed. Maybe it has to do, in part, with the presiding judge who was appointed by a pro-business-at-any-cost President Bush. Before becoming president, Bush helped the state (Republican) politicians to decimate & weaken consumer laws in Texas.
I went to change the battery in my beautiful wood clock the battery leaked it was wet inside it ruin my clock now it doesn’t work I had a few other clocks that got ruined from Duracell batterys I to never had problems like someone said they changed something in the manufacturing I have always bought Duracell for the longest time I guess I will be purchasing another brand
Wow! I have used Duracell for years and never had a issue other that the kids swapping new batteries with old ones causing meltdowns/leaks. Now that it’s just the misses and me it is a controlled environment so I know what has been replaced with and when. I filled four AA’s last x-mas in each of the three LED candles placed on the mantel. Set them out two weeks ago and turned them on. Cleaning up the destruction of the leaking batteries today! The batteries had a date of 2024 and code of 5F14D086 MADE IN CHINA. I’ve had it with this low quality, increase profits mentality. I’ll pay more for a product that is of high standards as it is cheaper in the long run rather than replacing mantel, holders and candle units! TIME to FIND a new battery manufacture who sees it has a problem since before 2012 and can’t fix it’s errors? You might not care about one little user, but wait until I tell everyone of my customers! It will add up… And soon!
I do not have specific dates or item codes to cite as I did not begin to pay attention to the issue until I had theown all of the batteries out over time. I used to use Duracell primarily and I use a lot of batteries as a mechanic and video game nerd.
Over the course of the last 2 years or so I started noticing how common it was for the Duracells to blow out and leak acid all over everything they were in. In total I would eastimate finding about 20 AAs, 20-30 AAAs, 8 Ds and about 10 C batteries that were purchased within the last two years leaking. They were in a range of electronics from an air matress, Xbox controllers, TV remotes, flashlights, portable speakers, FM transmitter, camping gear, walkie talkies, and other things. None of the batteries were expired, none were in extreme temperatures or used outside their normal intended purpose.
I just sent a message to Duracell, though since I dont have photos or serial numbers, it wont help with anything. I just figured if it was a common complaint, they could use my general information to help quantify other’s complaints or decide if they need to submit to a recall of sorts. Now I was able to clean all my electronics and nothing was permanently damaged, however I have bought strictly Energizer since I discovered this was turning into a reoccuring problem with that brand specifically. Hopefully this helps someone else hahaha.
This is the 3Rd device this year that had leaked and destroyed the device, I have sent in 2 devices with photo thru the Internet and with both they sent me a check to repurchase the device. Truly they have a problem and they seem very nice to get a refund. It may seem like a lot of trouble to go thru but I guess that’s to protect them. Good luck to all.
Duracell Batteries are the absolute worst. I’ve been dealing with them over the last couple of years. What is ironic is that a Remote Control to a Hi-Fi Stereo Component has a Duracell from 2004, and it is still holding a charge and it is NOT leaking. Some of my other Electronic Equipment was not as lucky – a Portable Micro-Cassette Recorder was damaged before the Batteries were discovered. I thought I had gotten rid of Duracell Completely from my home Circa 2016, and last night I discovered a set of AAA’s leaking away in one of my car’s Tire Pressure Monitoring Devices. I threw the Duracell’s out and made it a point that right then and there, I’d educate my entire family to avoid Duracell like the plague. Sayonara, Duracell!!!!
Duracell Battery has leaked and The liquid actually come out of my decorative lights that I use at my home . I’m no longer going to purchased Duracell batteries in the acid and burnt my hands before I could get it washed off
Must have outsourced it to China!
Today my 8 yrs old and my 5 yrs old daughters got burnt due to AA ENERGIZER batteries got too hot and leaked and smoke came out of them. As a parent out job is to keep them safe. Its not a good feeling when you pay high for batteries and they end up hurting the ones you love. I dont post anything but i do want to bring this into to parents attention.
I’m the guy who left the July 9, 2016 comment above and came back here to see how Duracell is performing. Looks like no improvements have been made in either the product or customer service/satisfaction. I conducted a little research on Duracells and found that P&G dumped the line to Warren Buffett’s Berkshire Hathaway towards the end of 2014. With that move, Duracell is now in the process of shutting down a AA “battery-making plant” in South Carolina and consolidating that line with a AAA production plant in Georgia. Duracells are not made in the U.S.A — they are, per the label, “Assembled in U.S.A.” I don’t know if this new ownership has changed production processes or materials (purely for economic reasons, of course) to lessen the quality, but it appears that Duracell should be doing something different to improve their products.