Duracell Batteries Leak In Normal Use, Class Action Claims

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.