Duracell, the corporate identified for its copper-and-black-colored batteries, is suing rival Energizer, identified for its bunny mascot, over what it claims is a “complicated and deceptive” tv and on-line advertising campaign.
The criticism, which Duracell filed in federal court in Manhattan final week, took fault with Energizer’s assertion in a brand new advert marketing campaign that Energizer Max batteries final 10% longer than Duracell Energy Increase batteries.
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Duracell claims that Energizer solely took one business commonplace under consideration when making the assertion, and that battery efficiency can also be decided by way of different requirements.
Duracell claims to have suffered “irreparable reputational hurt” as a result of advert marketing campaign, which Energizer launched earlier this month on TV, YouTube, Fb, and Instagram.
“The Energizer Max false promoting is a transparent effort by Energizer to increase its market share — at Duracell’s expense — by complicated and deceptive shoppers in regards to the comparative efficiency of Energizer Max batteries and Duracell Energy Increase batteries with blatantly false promoting in a clear, and unfair, effort to drive gross sales,” the criticism learn.
One YouTube ad from Energizer from June 2 exhibits the corporate claiming: “There is not any competitors. Energizer Max outlasts Duracell Energy Increase by 10%.”
Duracell needs Energizer to pay financial damages and cease working the advertisements.
That is the most recent authorized battle between Duracell and Energizer — the businesses have been suing one another over promoting claims for years.
Energizer sued Duracell in September 2019 over Duracell’s declare that its Optimum batteries lasted longer than rival batteries. Duracell filed a authorized criticism towards Energizer a 12 months later over claims that Energizer Max batteries lasted as much as 50% longer than different batteries.
In December 2020, Duracell and Energizer agreed to voluntarily dismiss their lawsuits.
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Energizer introduced in income of $2.887 billion in 2024 in comparison with Duracell’s $2 billion. Nonetheless, Duracell claims to have a higher U.S. market share. The corporate stated in 2020 that it had a forty five% share of the U.S. marketplace for alkaline family batteries in comparison with Energizer’s 26% share, per Reuters.
Duracell is owned by Warren Buffett’s Berkshire Hathaway, which purchased Duracell from Procter & Gamble in 2014. The deal added Duracell to Berkshire’s portfolio of more than 60 businesses, together with Dairy Queen ice cream, Geico auto insurance coverage, and Benjamin Moore paint.
