NZ firm's cheeky ads spark legal threats from Eveready

A New Zealand battery company has become embroiled in a legal stoush with a multi-national competitor over its advertising claims.

Auckland-based Max-Life claims in its television advertisement that independent testing proves its batteries last longer than the opposition.

The ad states the testing, carried out by Applied Research Services shows their batteries last 27 minutes longer than a leading brand.

Eveready has taken exception to the advertisement, firing off legal letters, though none of its brands were specified in the ad.

Eveready's lawyers, Chapman Tripp, told the West Auckland-based company consumers would think the unmarked battery in the ad was an Eveready or Energizer battery.

They asked Max-Life to stop the ads - instead the company used the legal threats in a new ad campaign.

The ad cheekily flashes the legal documents on screen before a voiceover states "we promise to be crystal clear about who we out-last in the future."

The Herald on Sunday carried out its own tests of Max-Life and Eveready Gold AA batteries, using torches.

The Max-Life lasted four hours and 22 minutes, just beating the Eveready Gold at four hours and 15 minutes.

Max-Life operations manager Fraser Honey said the company was surprised at Eveready's reaction. They received five legal letters.

"It was very much 'we are the market leader, you will do as we say'. It was the attitude of them as well, they were really snotty about everything."

Honey also accused the American-owned company of embarking on an expensive legal challenge to cost his firm money.

"We're a small company. They were just trying to push us around and cost as a lot of money."

Both Honey and Chapman Tripp declined to release the letters. Eveready declined to comment on the matter but their lawyer, Matt Sumpter denied his client was trying to cost Max-Life money.

"That is simply not true, a trader has an obligation to trade freely and fairly in the market place."

Sumpter said Max-Life were 'trying to titillate' the consumer but Eveready had decided not to take any further action.