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Fortune
Fortune
Chris Morris

Battery behemoths battle: Duracell is suing Energizer over battery-life claims

A close-up of Energizer's MAX batteries, the subject of a Duracell lawsuit (Credit: Daniel Acker / Bloomberg—Getty Images)
  • Duracell has filed a lawsuit against Energizer. The battery companies are battling over Energizer’s claims that its Max batteries last 10% longer than Duracell. Duracell, which is owned by Berkshire Hathaway, says it has suffered “irreparable reputational harm” because of the ads. The companies have a long history of lawsuits against each other.

Warren Buffett is suing the Energizer Bunny.

Battery maker Duracell, which has been owned by Buffett’s Berkshire Hathaway since 2014, has filed suit against Energizer, saying the rival battery maker ran a deceptive advertising campaign that caused “irreparable reputational harm” to the brand.

The complaint, filmed June 13 in a Manhattan federal court, is the latest in a long series of legal battles between the two companies. (They were last in court five years ago over similar claims on a different line of batteries. Those suits were voluntarily dismissed.)

Duracell alleges Energizer has falsely claimed its Energizer Max batteries last 10% longer than Duracell’s Power Boost brand.

“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 blatantly false advertising in a transparent, and unfair, effort to drive sales,” the complaint said.

Duracell is hoping to end the ad campaign and is seeking monetary damages.

An Energizer Holdings spokesperson said the company does not comment on active litigation.

The battles between the two companies go back almost 80 years when Duracell first entered the market in 1946. Energizer, then known as Ever Ready, had invented the AA battery in 1907, and the battle was on.

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