NAD Finds Energizer Can Support 10-Year Claim for Energizer Max; Recommends More Prominent Disclosures

New York, NY – March 17, 2014 – The National Advertising Division has determined that Energizer Holdings, Inc. can support express claims related to the 10-year shelf-life of its Energizer Max batteries.

NAD recommended that the company include in its advertising more prominent disclosures to assure that consumers understand that the advertiser’s claims relate to shelf-life, not use.

NAD is an investigative unit of the advertising industry’s system of self-regulation. It is administered by the Council of Better Business Bureaus.

As part of its routine monitoring program, NAD requested substantiation for certain quantified performance claims and implied claims made by Energizer Holdings, Inc. for its Energizer MAX AA Alkaline batteries.

Express claims at issue included:
• “Energizer MAX seals in power for up to 10 years*.”
• “Everyone needs a battery they can rely on. Energizer® MAX® batteries are now designed to hold power for up to 10 years*, so you’ll always have power when you need it most.”

* Shelf life

NAD also considered whether the advertising claims implied that Energizer batteries will typically continue to provide power for up to 10 years of use or that batteries used only occasionally would hold their charge for up to 10 years.

The advertiser argued that the challenged express claims convey the same truthful and accurate message: that unopened and unused Energizer MAX alkaline batteries – represented by depictions of the iconic Energizer bunny sealed inside a battery – retain their power up to 10 years after manufacture.

In response to NAD’s inquiry, the advertiser explained that it has developed a technology called PowerSeal, which helps seal batteries and prevent leakage, extending the shelf-life of its product. The advertiser maintained that the terms “seals” and “holds,” as well as the “shelf life” disclaimer, further reinforced that message. The advertiser noted that the challenged claims made no reference to “long lasting” or similar terms commonly used to describe how long a battery will power a device.
Following its review of the evidence in the record, NAD determined that the advertiser provided a reasonable basis for the challenged claims. NAD further determined that the claims, combined with the “shelf life” disclaimer and the image of the Energizer bunny sealed in the battery, reasonably conveyed the supported message that Energizer Max has a technology which allows it to hold or store power for use for up to 10 years.

NAD recommended that the “shelf life” disclosure appear in close proximity to the claim at issue to better communicate that the claim refers to unused batteries. NAD further recommended that the advertiser include a “shelf-life” disclosure in the commercial’s voiceover.

Energizer, in its advertiser’s statement, said the company is “pleased that the NAD concluded that Energizer’s ten-year shelf-life claim is reasonably supported, and will comply with the NAD’s recommendations regarding prominence of disclosure in future advertising. Energizer appreciates the opportunity to participate in the self-regulatory process and commends the NAD for its efforts and commitment to a careful review of the evidence.”