Plaintiff Stands by Claims That Energizer Overstated Power Banks’ Charging Capacity

Defendant Energizer Brands wrongly argues that plaintiff Josh Mentzer’s July 11 amended fraud complaint should be dismissed because he hasn’t alleged any facts in support of the allegations, said Mentzer’s memorandum of law Tuesday (docket 2:23-cv-02028) in U.S. District Court for Central Illinois in Urbana in support of his opposition to the July 25 dismissal motion. Mentzer alleges Energizer overstates the advertised charging capacity of its power banks by 40% compared with the experiences of actual consumers. None of Energizer’s arguments is “a basis for dismissal,” and its motion should be denied, said the memorandum. Mentzer “proved the falsity” of Energizer’s advertised statements through “scientific evidence,” using elementary physics “with basic algebraic formulation,” it said. Energizer’s attempt to “discredit” Mentzer’s research is “futile,” it said.