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A putative Duracell class action lawsuit that alleges manufacturers Procter & Gamble misled customers into purchasing batteries based on a no-leak guarantee has been dismissed by a Massachusetts federal judge.
U.S. District Judge F. Dennis Saylor IV stated that plaintiffs Lauren Carlson and Jamal Yusuf did not do enough to support their claims that Duracell batteries contain a leak defect. Judge Saylor further claimed that no reasonable consumer would take Duracell’s “guarantee for 10 years in storage” as a promise of perfection.
In the motion to dismiss the Duracell leaky battery class action lawsuit, Judge Saylor states that all manufactured products are susceptible to failing because they are designed and manufactured by human beings, and human beings make mistakes. According to Saylor, a “guarantee” is simply a promise that the manufacturer will replace the product or refund the purchase price if the item does not work as expected.
The Duracell battery class action lawsuit did not contain allegations that the product purchased by the plaintiffs actually leaked nor did it allege that P&G or The Gillette Company failed to make good on their guarantee by replacing the batteries. For these reasons, Judge Saylor decided to dismiss the Duracell class action lawsuit.
Plaintiffs Carlson and Yusuf of Massachusetts filed the Duracell leaky battery class action lawsuit in November 2014. According to the battery users, they had both seen the 10-year Duralock guarantee on the package label prior to purchasing and believed that the product would not leak for the full decade.
The Duracell class action lawsuit alleged that Procter & Gamble were aware that their batteries could leak under normal use but concealed the information in order to increase sales. The plaintiffs claim that by omitting the information, the manufacturers misled customers into buying batteries that could leak and ruin electronic devices. Judge Saylor says it isn’t clear whether or not the leak guarantee is specifically related to storing the batteries.
Carlson and Yusuf allege that more than 30 people complained on Duracell’s website about batteries failing, but Judge Saylor stated that none of them were from Massachusetts. Absent of facts, Judge Saylor said it is impossible to tell how widespread of an issue this is.
Furthermore, Judge Saylor states the Duracell class action lawsuit did not have sufficient facts that support the plaintiffs’ claims that knowledge of an alleged leakage problem would have affected whether or not a reasonable consumer would have purchased the batteries.
According to the judge, “a reasonable consumer would not have any basis on which to determine that Duracell’s ‘premium price’ was unjustified as compared to that of its competitors. Thus, if he or she was otherwise inclined to purchase Duracell batteries, he or she would not be ‘influenced … not to enter into the transaction’ by the bare allegations contained within the complaint.”
The plaintiffs are represented by Taylor Asen and Charles J. LaDuca of Cuneo Gilbert & LaDuca LLP and Erica C. Mirabella of Mirabella Law LLC.
The Duracell Leaky Battery Class Action Lawsuit is Carlson, et al. v. The Gillette Company, et al., Case No. 1:14-cv-14201, in the U.S. District Court for Massachusetts.
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25 thoughts onDuracell Leaky Battery Class Action Lawsuit Dismissed
It is so upsetting that the case was dismissed. There is no question that Duracell AA and AAA Coppertop batteries leak! Many of the devices I used to use with these batteries have been ruined by these leakers. I recently opened a radio, however, with “2008” Duracell Coppertop batteries in it and they were fine. I am pretty sure that when they changed the design to include a weep hole and to remove most of the mercury, that they started leaking. I too have seen leaking batteries in new packages. I never used to worry about old Duracell batteries, they never leaked. I have switched to Costco Kirkland Signature AA and AAA batteries (top rated by Consumer Reports). So far (about 2 years) no leaks. It is too bad that Duracell management is unable to admit and fix this mistake even in 2018.
Unbelievable. That judge is a moron. “no reasonable consumer would take Duracell’s “guarantee for 10 years in storage as a promise of perfection.” Really? So I can make a 500 year, no leak, never looses power, lasts forever claim because no “reasonable” human being should believe that kind of hyperbole. He is flat wrong about the law, did he get paid off by Duracell? Just this week, another 3 that leaked. The cheap Chinese crap batteries never have leaked on me!! I will NEVER buy Duracell again, and everybody should follow, unless you like cleaning white acid fuzz off your ruined device to try to fix it. Also, Duracell KNOWS about this and is doing NOTHING to fix t, what does that say about the company? Eveready is my battery of choice now. So far so good, never seen one leak yet.
I also am going to quit buying Duracell Batteries especially aa and aaa size.I buy them 100 at a time several times a year. I can not even remember the amount of flashlights, outdoor thermometer sending units, camera flash units, Christmas ornaments, wood moisture meters ect, that have been ruined or I’ve had to clean with vinegar. Lately I coat the contact areas in the devices with copper anti seize lightly in case they do leak. I too am going to try another brand,I have been buying Copper Tops for at least 20+ years because they had a higher voltage when new and seemed to last longer. I will try Engerizer for a while to see what happens.
Yes, I’ve had 3 devices just recently that have, for all intents and purposes are ruined from Duracell leaking batteries. You have no way to tell when these are going bad until the device quits working and then when you open it up, holy cow….. Apparently the only way to combat this is to not buy these any longer, at least until Duracell admits that there is an issue, which in reading the above most likely will not happen any time soon.
My experiences mirror the above.
In my case I have seen premature & catastrophic failures of both Energizer & Duracell batteries.
Interestingly I have seen almost no such failures with “el cheapo” Chinese batteries.
I can’t comment upon the energy storage capacity of these types but it’s the consequences of failure that matter: ruined appliances; some worth hundreds, maybe thousands of dlrs.
Just this morning, one of three failures (Duracell) where the battery had leaked & swelled up so badly it was difficult to remove. The other three batteries showed 1.53V. Two of those were from Aldi.
BE WARNED: Do not trust Duracell batteries, use cheap Chinese brands bought at your local discount store.
More like “Guaranteed to LEAK”. I have had several expensive electron devices damaged or ruined by Duracell. No more, I will never buy another Duracell product. I have not had any leaking issues with Energizer.
We had always bought Duracell batteries, but never again we have had dozens of devices destroyed, now buy Energizer batteries no problem. Some one should be fired over this.
So far I have discovered My Synhiezer ew 100 ENG G3 wireless microphone combo System ruined by leaking Duracell AA batteries a $800.00 lose. Then my Nikon Speedlight SB-800 camera flash…GONE because of these batteries. What else of my video equipment has this batteries ruined. Yes BOYCOTT and spread the word.
I am using the Eneloop rechargeables now. They don’t seem to leak when they discharge. Time will tell. As to Duracells … never again they are the worst on the market for leaking. They don’t honor the 10-year warranty either. Later this week I will take an unopened pack back to Costco. It has batteries leaking in the package.
I have used Duracell batteries in past,every battery leaked within a year or so! I have some expensive electronic equiptment damaged by leakage,so way pay higher prices for leaky batteries. Buy any battery but this product. BOYCOTT!
I have had several times in the past 5 years that the Duracell batteries I have had in devices have leaked and ruined my devices. I have used many brands but only had the issue with Duracell Coppertop batteries. I have since switched to eveready brand and am still waiting for them to leak… I also have been using cheap batteries fro Harbor Freight and as cheap as they are THEY don’t leak… Shame on Duracell Brand… I will never go back to their brand.