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. Laura says:

    We’ve had multiple devices ruined by leaking Duracell batteries over the last couple years. Most recently, devices with the batteries dated 2025 have all leaked. TERRIBLE! Something needs to be done! We lost a lot of money!

  2. Todd tobuck says:

    I just lost two remotes due to leaking, these batteries were not low on power at all and were in the remotes for a few months , I have to check all my alarm components since they came with these batteries as well

    1. Ola says:

      We had multiple devices completely ruined here too, due to these leaking Duracell batteries! Something needs to be done. I lost SO much money because of these defective batteries. Only using Energizer from now on.

  3. Peter N. says:

    They leaked in a large package that we purchased without being used. Never again I will purchase Duracell batteries.

    1. W. G. Fong says:

      I’ve experienced leakage in devices but I just found a brand new pack of Duracell AAA batteries sitting in my filing cabinet with an expiry of DEC 2025 which is 6 years remaining on the 10 year life yet half the batteries have leaked. They are sending me a coupon for a replacement pack but seriously, I don’t think I will be using these in anything valuable for fear of them leaking and destroying my device.

      Used to be a brand you can trust but not anymore.

      1. Ola says:

        All of the batteries we have in devices with 2025 date have leaked aleady!

  4. Angus says:

    Trashed my thermostat and remotes on my TVs Purchased a large amount and will have to sacrifice
    Will never buy Duracell again

  5. Tom Powell says:

    Purchased a 4 pack of C batteries have used them about 6 weeks. My MAG light flashlight quit working and I checked the batteries and they had leaked and ruined the flashlight, they are not cheap lights. I don’t think I will be using DURACELL anymore.

  6. Kenneth Beaufort says:

    I too have had multiple duracell batteries leak in my valuable devices. As a scuba diver I used to rely on duracell in all my devices and up until a few months ago. I will never use another duracell battery and I will tell everybody that I know about duracell batteries leaking!!!

  7. Frank Thomas says:

    I have had several Duracell batteries leak including just today when I checked my smoke detector, found it was not working. Duracell batteries had leaked.
    I havent had an Eveready battery leak sence the 1950’s. Duracells product placement has made it hard to avoid them. But after the smoke detector failure, I won’t forget.

  8. Jeff Murray says:

    Duracell batteries all leak. I have multiple products that have been ruined by this once trusted high cost brand. Even the cheapest made in China brands dont leak and ruin your electronic devices.
    Stay away from duracell.

  9. ME Tyler says:

    I too had multiple failures of Duracell AA ND AAA batteries to contain their chemicals. Multiple electronic devices were ruined. Initially I thought that I could clean up the contacts but later the devices ultimately failed. Often it was switched or buttons which no longer performed. Please let us know if another class action suit is considered.

  10. R Grandbois says:

    I had previously stopped using Duracell batteries about 10 years ago because of leak damaged remotes, meters and other electronics. But recently I thought that they would have corrected the manufacturing defect that causes leakage. Boy was I wrong. Just replaced the 9 Duracell batteries in our 3 fire alarm units only to find that 5 of the 9 batteries had leaked at the negative terminal. The date codes on all 9 are March 2027. Now I will have to go through all of our devices that have the Duracell batteries in them and replace with another brand. Will NEVER buy Duracells again.

    1. Fred Abne says:

      I too have been have leakage and crystals forming on Duracell batteries way before the printed expiration date one the Battery. Very troubling in that I thought, like most people, that they were a quality product.

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