The Maker of Energizer Batteries is Suing the Maker of Duracell
It’s a battle of the battery makers.
The maker of Energizer batteries has sued the maker of Duracell batteries on Monday in Manhattan federal court. The former has accused the latter of duping consumers by implying that its new “Optimum” AA and AAA batteries are more powerful and last longer than all rival batteries.
According to Energizer Holdings, Inc. which is a unit of Warren Buffett’s Berkshire Hathaway Inc., Duracell had engaged in false advertising for Optimum with packaging that said its batteries offer “extra life” and “extra power,” and TV commercials that said: “Both is better than not both.”
Energizer has said that it is in the fine print that it states that Optimum may outperform Duracell’s own Coppertop batteries, not rival batteries, and only in some devices.
“These paltry and sporadic benefits are not the stuff great ads are made of and, indeed, barely seem worth touting at all,” Energizer said in its complaint.
Energizer is seeking damages for false advertising under New York law and the federal Lanham Act, and a halt to any improper advertising.