Walmart Battery Scam May Be Deadly For Consumers

Consumers risk explosions, burns, and death from fraudulent 18650 Lithium-ion batteries.

August 28, 2020, Los Angeles, CA – Consumers who believe they are buying legitimate, safe products from Walmart may be in for a surprise. Walmart is a direct seller of fraudulent and dangerous items. In addition to the third-party sellers who offer counterfeit and replica products on Walmart.com, Walmart is a direct seller of fraudulent and counterfeit items. The Counterfeit Report, a global award-winning consumer advocate and industry watchdog, purchased dozens of counterfeit or fraudulent computer memory cards, flashlights, and batteries from Walmart as the direct seller.

Particularly alarming is the sale of dangerous and potentially deadly 18650 Lithium-ion ("Li-ion") battery cells (commonly called batteries), and sold directly by Walmart. The common 18650 batteries are used in laptops, cameras, toys, power tools, battery packs, hoverboards, and individually in flashlights, e-cigarette, and vape devices. Seven-thousand 18650 batteries power a Tesla automobile,

Unscrupulous China salvagers re-label recycled unprotected 18650 batteries as "new" and sell them on Walmart at cheap prices with wild capacity claims. There is no legitimate individual 18650 battery with a capacity of 3800mAh or above, yet batteries with capacity claims up to 12,000mAh are offered on Walmart.

Few consumers understand that the fraudulent batteries rarely have the built-in protective circuitry or venting claimed to protect against overcharging, overheating, fires, explosions, or other hazardous events. Overheating and fires turn the batteries into exploding bombs with serious or deadly consequences for consumers.

If you don't use them, why should you care?

• If you fly; the FAA identified 268 air/airport incidents (fires and smoke) between March 1991 and January 2020 involving lithium batteries carried as cargo or baggage. Three major aircraft accidents were reported where lithium battery cargo shipments were implicated, but not proven to be the source of the fire. Li-ion batteries are often illegally shipped or mailed in improper packaging or without required disclosure to the carrier.
• If you are nearby; the first reported death from a Li-ion battery occurred in May 2018 by the Pinellas County (Florida) Medical Examiner's office. A 38-year-old Florida man died when an e-cigarette device exploded, causing a "projectile wound to the head" and burning 80% of his body. His home had extensive fire damage.
• If you share or give a battery-powered device (especially to children); thousands of reported fire and explosion incidents resulting in emergency-room visits in the U.S. can be found, including acute injuries, meaning that the victim required hospitalization and may have suffered the loss of a body part. Batteries are often used close the user's face or put in pockets.

An online search of Walmart.com will reveal hundreds of fraudulent 18650 Li-ion batteries, including Walmart as a direct seller of the dangerous items. The Counterfeit Report purchased dozens of fraudulent 18650 batteries from Walmart as the direct seller. All the 18650 batteries tested at only a fraction of the stated capacity, some as little as 400mAh, and none contained the labeled or claimed protective circuitry. Electrical shorting and a fire occurred in one test.

Written legal notice to Walmart's legal department in March 2019 was acknowledged, but went unanswered and apparently ignored as the dangerous batteries remain listed and sold.

The fraudulent 18650 Li-ion batteries below were found or purchased on Walmart.com.

Most 18650 battery listings highlight the energy capacity of the battery in milli-amp hours ("mAh"). Typical listings vary from 2,000 mAh to 12,000 mAh. Consumers will gravitate to the higher capacity batteries incorrectly believing they will gain the longest use. Most of these capacity claims are grossly exaggerated, unsubstantiated, and completely fraudulent. The space inside the battery case for electrolyte and protective components is the same, limiting legitimate manufacturers of authentic 18650 batteries.

A 2017 report by FEMA and the U.S. Fire Administration concludes that "Lithium-ion batteries should not be used in e-cigarettes. While the number of batteries that explode and catch fire is statistically small, the catastrophic nature of the injuries that can occur warrants the use of another battery technology for e-cigarettes."

Walmart does not have a consumer protection policy on the sale or shipment of Li-ion batteries. Consumers are best advised to purchase replacements directly from the manufacturer or authorized retailers, especially for children, toys, life-saving devices, and gifts.

Consumers receiving a fraudulent 18650 Li-ion battery should stop using it immediately. Do not mail, ship, disassemble, or throw the battery in the trash. Find a qualified recycler or drop-off. You may be responsible for an injury or death, and in violation of federal law. Notify the e-commerce website and the seller you received a fraudulent battery and demand a refund, or cancel the charge on your credit card or Pay-Pal account. You may have additional legal remedies.