America’s top battery brands are locked in a power struggle over battery life claims.
Duracell has filed a lawsuit against Energizer, accusing the rival battery maker of running a deceptive advertising campaign.
In a complaint filed in federal court in Manhattan on June 13, Duracell — which is owned by Warren Buffett’s Berkshire Hathaway — alleged that Energizer’s new ad campaign falsely states that its Energizer MAX batteries outlast Duracell Power Boost batteries by 10%.
The ad’s claims have caused Duracell to suffer “irreparable reputational harm, including the tarnishing of its brand and loss of goodwill,” Duracell said in the complaint.
Duracell alleged that the sole basis for Energizer’s 10% claim is a comparison of the two brands’ AA batteries under one industry standard, but battery performance is also measured by other standards, the company said.
“The Energizer MAX False Advertising is a clear effort by Energizer to expand its market share – at Duracell’s expense – by confusing and misleading consumers about the comparative performance of Energizer MAX batteries and Duracell Power Boost batteries with blantantly false advertising in a transparent, and unfair, effort to drive sales,” the complaint said.
Energizer’s new ad campaign, which launched earlier this month, has been featured on numerous television channels, as well as on Facebook, Instagram and YouTube, the lawsuit said.
One YouTube ad features Energizer’s mascot, the Energizer Bunny, engaging in a head-to-head showdown with a battery that looks like a Duracell battery.
“There’s no competition. Energizer MAX outlasts Duracell Power Boost by 10%,” the ad says. “No fluff, just facts.”
Duracell is seeking to halt Energizer’s ads and for Energizer to pay monetary damages.
An Energizer Holdings Spokesperson told CNN the company does not comment on any active litigation.
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