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. Tamara Tallmadge says:

    Last month I installed 4 little spot lights under my kitchen cabinet. The each held three AAA batteries (Duracell). On Friday 1/26/2019 I heard a large popping noise but not sure what it was. I tried turning the lights (NSync) and they wouldn’t come. Even though batteries were new I thought I needed to change out. I opened the first one and there was acid leaking from the negative side and all over the compartment. The other 3 lights met the same fate. The date on batteries was 7/2017-7/2024. And it was made in China. I’ve taken pictures because this is extremely dangerous.

  2. HahC says:

    Tonight as we watched tv we heard a sound like a loud cap gun going off followed by a sizzle. After a short search we realized a duracell AA battery had exploded leaking battery acid that ate through a layer of paper. Today is December 20, 2018 and the battery is dated March 20, 2027. Now we’re very concerned about having these batteries anywhere in the house.

  3. Ken says:

    Damaged flashlights, clocks, wireless keyboard/mouse, digital multimeter (expensive)… all because I bought what I was led to believe to be a premium battery. When will it end??!!

  4. Donna Kucharek says:

    My Duracell AA batteries leaked and ruined my 70.$$flashlite, had them 1year, acid leaked on bottom. I want replacement for flashlite, AND compensate for all batteries, please do reply and compensate.

  5. carrissa wright says:

    I can’t understand how Duracell can actually still be in business nor can I understand how Costco is such a huge supporter of them. These batteries are dangerous; I have several flashlights that have the batteries jammed in them due to the fact that they’ve exploded inside the flashlights and are leaking everywhere they were expensive magna lights. I know for a fact that there is a massive amount of batteries by that leak, because I do property management, and I used to buy the batteries in bulk for all my clients at COSTCO until I realized that out of 22 homes all 22 of them had batteries that leaked prior to the date marked on the batteries, with no warning anywhere that may leak and ir did not matter how they were stored. In the end a large % of them got thrown out… Great job Duracell and Costco looking out for our children, are health,
    and our well-being. Never again will I buy a Duracell battery of any type.

  6. Jim Burnett says:

    My Duracell Copper Top batteries have been leaking for years. Recently more and more batteries are leaking.

  7. George says:

    I have had several expensive devices ruined by leaky Duracell batteries. No other batteries have leaked in recent memory. I did remove all the Duracells I could find but I am sure I missed some, I have lots of devices that use AA and AAA batteries. A bunch of these, dated 2025, leaked in the original container without ever being used! There really is a problem with these and mainly with these, not other brands. I wish a suit were reinstated! How does one go about it?

  8. Margaret Lindsey says:

    I have had so many flashlights leak and leave spots on my furniture. They have also leaked in clocks causing them to not work anymore. I just had to throw away a pencil sharpener because the batteries leaked.

  9. DA123 says:

    Have had several items, cameras, games, etc. that have been ruined by Duracell battery brand.

    1. Jerry Neves says:

      I have had Duracell batteries leak and damage radios so many times that it really is insane that people buy these batteries!

  10. Kristine says:

    I thought it was just me. Then I threw out my fifth flashlight due to Duracell copper top leakage. Then I found this article. Sigh

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