Duracell Ultra Batteries Class Action Lawsuit Settlement written by: Peterwood If you have purchased any Duracell Ultra Power or Duracell Ultra Advanced AA or AAA batteries after June 2009 you may be able to claim compensation under a settlement agreed by the manufacturers in the United States District Court, Middle District Of Florida. The case was brought by Joshua Poertner against The Gillette Company and The Proctor and Gamble Company and involves alleged misleading advertising by the defendants of their Duracell Ultra Batteries.
The advertisements claimed that Duracell Ultra batteries lasted up to 30% longer than those of their competitors. Both defendants deny any wrongdoing and stand by the claims made in their advertising. The Plaintiff claimed that the statements “Our longest lasting”, “Up to 30% longer in toys”, and “vs. Ultra Digital” were misleading and caused consumers to purchase the Duracell Ultra batteries.
However, a settlement has been offered in the sum of $3.00 for each pack of Duracell Ultra AA or AAA batteries purchased after June 2009 up to a maximum of four packs. This offer applies to people who are able to provide proof of purchase. If you wish to make a claim without proof of purchase you may be able to claim for up to two packs which is a total of $6.00. Each claim is limited to one claim at any given address, regardless of how many persons live there. You should note that the claim does not involve Duracell CopperTop Batteries or any other Duracell products.
This was a Class Action where, in this case the Class Representative (Joshua Poertner) sued on behalf of all people who could have a similar claim. If you have such a claim you are referred to as a Class Member. It should be noted that the Court has not made a decision in favor of either the Plaintiff or the Defendants, but that attorneys representing both sides consider that a settlement is the fairest way of settling the lawsuit for all Class Members. In addition to agreeing the settlement the defendants have agreed not to use the disputed terms in future advertising.
If you are a Class Member you will need to submit a Claim Form before April 10th 2014 which you can get from www.ultrabatteriessettlement.com or by telephoning 1-855-564-7380.
The Court is going to hold a hearing on March 21st 2014 to decide whether or not it approves the settlement. If it does, payments will then be made unless you have excluded yourself from the settlement.
If you do nothing you will be excluded from the settlement, even if the Court approves it. You may also object to the settlement if there is something in it about which you disagree. You will need to write to the Court giving your reasons for objecting and the Court will take these into consideration. You may also attend the Court hearing and you may speak if you wish to, but you are not obliged to.
