Energizer Deceptive Ad Suit Dismissal Gets Affirmed at 9th Cir.

Consumers who said Energizer Brands LLC’s claims that its batteries were “up to 50% longer lasting than basic alkaline in demanding devices” were misleading failed to get their deception suit reinstated by a federal appeals court Friday.

The phrases “up to,” “basic,” and “demanding” aren’t “particularly technical or difficult to understand, and though not exact, they cabin the scope of Energizer’s claim in a way that renders Plaintiffs’ reading of the advertising unreasonable,” the US Court of Appeals for the Ninth Circuit said in an unpublished opinion.

The consumers argued the advertisement meant the AA Max batteries usually or always ...