
Duracell is taking legal action against Energizer over claims made in a recent advertising campaign. The lawsuit alleges that Energizer’s new commercials, which highlight its MAX batteries as lasting longer than Duracell’s, are misleading. One ad features Energizer’s iconic pink bunny triumphing over a battery resembling a Duracell product. To eliminate any ambiguity, the ad’s voiceover explicitly states that Energizer batteries “outlast Duracell Power Boost by 10%.”
Duracell, a subsidiary of Warren Buffett’s Berkshire Hathaway, filed the complaint in Manhattan federal court last week. The company asserts that the advertisements have inflicted “irreparable reputational harm” and accuses Energizer of engaging in “blatantly false advertising” as part of a deliberate and unfair strategy to boost sales. While civil courts typically focus on determining liability or damages, the outcome of this case hinges on the accuracy of the advertising claims.
