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Duracell Battery Class Action Lawsuit

By Mike Holter

 

Duracell Ultra Power batteriesA federal class action lawsuit claims Duracell and its parent corporation, Procter & Gamble, falsely advertise that Duracell Ultra Advance and Ultra Power batteries last longer than competing, cheaper batteries. As a result, consumers were duped into paying “significantly more” for the batteries without receiving any additional benefit.

According to the Duracell battery class action lawsuit, Duracell advertised its Ultra Advanced battery as lasting “up to 30 percent longer in toys,” but based on the Plaintiff’s counsel’s investigation, the batteries fail to last longer than Duracell’s other alkaline batteries.

“Despite Defendants’ representations to the contrary, there is no meaningful difference in battery life between Duracell Ultra Advanced and Duracell’s other alkaline batteries,” the class action lawsuit says.

Beginning earlier this year, Duracell and P&G began to phase out their Ultra Advanced batteries and replace them with batteries branded as “Ultra Power.” However, both the Ultra Advanced and Ultra Power branded batteries use the same model number, MX1500, “and there is no discernible difference between the two batteries, absent the change in branding and marketing,” the Duracell class action lawsuit says.

The “new” Ultra Power batteries are advertised as Duracell’s “Longest Lasting” and “most powerful alkaline battery.” However, just as in the case with Duracell’s Ultra Advanced batteries, they “fail to last materially longer than Duracell’s other alkaline batteries,” according to the class action lawsuit.

“Defendants’ glaring omission that there is no material difference between their alkaline batteries would – and did – mislead reasonable consumers,” the Duracell class action lawsuit says. As a result, consumers purchased the batteries based on the false belief that they would last longer than Duracell’s other batteries, and paid “significantly higher prices with no meaningful additional benefits.”

The Duracell battery class action lawsuit is brought on behalf of anyone who purchased Duracell Ultra Advanced or Duracell Ultra Power batteries in California during the last four years. It is seeking restitution for Class Members as well as a Court order banning Duracell and P&G from continuing to misrepresent their batteries.

A copy of the Duracell Ultra Advanced and Ultra Power Battery Class Action Lawsuit can be read here.

The case is James Collins v. Duracell, Inc. and The Procter & Gamble Company, Case No. 12-cv-1778, U.S. District Court, Northern District of California, San Francisco Division.

 

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Updated April 11th, 2012

 

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