NEW HAVEN, Conn. (Legal Newsline) – A New York consumer alleges that batteries he purchased at a discount store are not meant for the American market and advertising claims of the batteries' life are false and misleading.
Kevin Stewart, on behalf of himself and all others similarly situated, filed a complaint on behalf of all others similarly situated on July 28 in the U.S. District Court for the District of Connecticut against Ocean State Jobbers Inc., doing business as Ocean State Job Lot, alleging violation of New York state law.
According to the complaint, the defendant sells a "gray market" version of Duracell-brand batteries that are intended for sale in the Asian markets. The plaintiff alleges that the performance representations listed on the packaging of these batteries don't apply to alkaline batteries sold in the U.S. and are false and misleading.
The plaintiff requests a trial by jury and seeks award damages to the plaintiff, interest, all legal fees, enjoin the defendant, and any other relief as the court deems just. He is represented by Jeffrey I. Carton and Robert J. Berg of Denlea & Carton LLP in White Plains, New York.
U.S. District Court for the District of Connecticut case number 3:17-cv-01266-JCH