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Skylar v. Energizer Brands LLC

Dismissal of Fraud, GBL Claims Over Statement Battery Lasts 'Up to 50% Longer' Explained

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MEMORANDUM & ORDER Defendant Energizer Brands advertised its “Energizer MAX” AA batteries as being “[u]p to 50 percent longer lasting than basic alkaline in demanding devices.” Plaintiff Eduard Sklyar1 alleges, in this putative class action, that this statement misled consumers as to the batteries’ longevity and thus constituted a deceptive act or practice and false advertising under Sections 349 and 350 of New York’s General Business Law. Sklyar also asserts a common-law claim for unjust enrichment. Energizer moves to dismiss the action for failure to state a claim. For the reasons set forth below, I grant Energizer’s motion. I. Background Sklyar alleges that Energizer advertised its AA MAX batteries using the following statement: “Up to 50 percent longer lasting than basic alkaline in demanding devices.” First Amended Class Action Complaint (“FAC”) 17, ECF No. 40. A copy of that statement, as it allegedly appeared on one example of Energizer’s packaging, is reproduced below, along with a closeup of the 50 percent claim: Id. Sklyar alleges that he purchased Energizer MAX batteries bearing the deceptive statement on four occasions, most recently in November 2020. FAC 12. He claims that prior to each purchase, he “viewed and relied upon Energizer’s claim,” “was persuaded and believed that they had qualities or characteristics superior to basic alkaline AA batteries,” and therefore paid a “premium” for the batteries. Id.

13-14. Sklyar alleges further that the 50 percent-longer-lasting claim statement was intended to deceive consumers “regarding the comparative benefits of Energizer’s AA MAX batteries relative to other alkaline batteries.” Id. 3. He notes that the terms “basic alkaline” and “demanding devices” are not defined on Energizer’s packaging. Id.

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