Duracell, the company known for its copper-and-black-colored batteries, is suing rival Energizer, known for its bunny mascot, over what it claims is a “confusing and misleading” television and online advertising campaign.
The complaint, which Duracell filed in federal court in Manhattan last week, took fault with Energizer’s statement in a new ad campaign that Energizer Max batteries last 10% longer than Duracell Power Boost batteries.
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Duracell claims that Energizer only took one industry standard into account when making the statement, and that battery performance is also determined through other standards.
Duracell claims to have suffered “irreparable reputational harm” due to the ad campaign, which Energizer launched earlier this month on TV, YouTube, Facebook, and Instagram.
“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 read.
One YouTube ad from Energizer from June 2 shows the company claiming: “There’s no competition. Energizer Max outlasts Duracell Power Boost by 10%.”
Duracell wants Energizer to pay monetary damages and stop running the ads.
This is the latest legal battle between Duracell and Energizer — the companies have been suing each other over advertising claims for years.
Energizer sued Duracell in September 2019 over Duracell’s claim that its Optimum batteries lasted longer than rival batteries. Duracell filed a legal complaint against Energizer a year later over claims that Energizer Max batteries lasted up to 50% longer than other batteries.
In December 2020, Duracell and Energizer agreed to voluntarily dismiss their lawsuits.
Energizer brought in revenue of $2.887 billion in 2024 compared to Duracell’s $2 billion. However, Duracell claims to have a greater U.S. market share. The company said in 2020 that it had a 45% share of the U.S. market for alkaline household batteries compared to Energizer’s 26% share, per Reuters.
Duracell is owned by Warren Buffett’s Berkshire Hathaway, which bought Duracell from Procter & Gamble in 2014. The deal added Duracell to Berkshire’s portfolio of more than 60 businesses, including Dairy Queen ice cream, Geico auto insurance, and Benjamin Moore paint.
