Ninth Circuit Considers the Meaning of an ​“Up to” Claim

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Energizer sparked controversy with its claim that AA MAX batteries are ​“up to 50% longer lasting than basic alkaline in demanding devices.” This assertion led two Californians to purchase the batteries and subsequently file a lawsuit against Energizer. They alleged that the batteries failed to outlast competitors by 50%, including Duracell Coppertop batteries.

Central to the case was how reasonable consumers interpret such claims.

www.kelleydrye.com/viewpoints/blog…-an-up-to-claim

Gonzalo Mon
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