Law Offices of Howard G. Smith announces that a class action lawsuit has been filed on behalf of investors who purchased FuelCell Energy, Inc. (“FuelCell” or the “Company”) (NASDAQ: FCEL) securities between June 24, 2026 and September 1, 2026, inclusive (the “Class Period”). FuelCell investors have until November 10, 2026 to file a lead plaintiff motion.

IF YOU ARE AN INVESTOR WHO SUFFERED A LOSS IN FUELCELL ENERGY, INC. (FCEL), CONTACT THE LAW OFFICES OF HOWARD G. SMITH TO PARTICIPATE IN THE ONGOING SECURITIES FRAUD LAWSUIT.

Contact the Law Offices of Howard G. Smith to discuss your legal rights by email at howardsmith@howardsmithlaw.com, by telephone at (215) 638-4847 or visit our website at www.howardsmithlaw.com.

What Happened?

On September 2, 2026, before the market opened, FuelCell reported its fiscal third quarter 2026 financial results, reporting a net loss of $45.3 million. According to the Company’s press release, this reflected “a higher gross loss than the prior year period,” which was caused by “product costs and manufacturing overhead that currently exceed the contractual pricing established under the CEPA with Fit Energy.” Further, FuelCell reported that the annualized production rate was “below the production volume at which we expect our cost structure to align with market-based pricing for orders of this scale,” and as a result, the Company recorded a $17 million charge to “reflect the impact of contractual pricing provisions associated with specific inventory and firm purchase commitments” arising from Phase 0 of the CEPA.

On this news, FuelCell shares fell $2.68, or 15.69%, to close at $14.40 per share on September 2, 2026, thereby injuring investors.

What Is The Lawsuit About?

The complaint filed in this class action alleges that throughout the Class Period, Defendants made materially false and/or misleading statements, as well as failed to disclose material adverse facts about the Company’s business, operations, and prospects. Specifically, Defendants failed to disclose to investors that: (1) that the Company’s manufacturing capacity was inadequate to generate the production rate required under the CEPA; (2) that, as a result, the Company’s annualized production rate for deliveries under the CEPA with Fit Energy was slower than expected; (3) that, as a result, the Company was incurring higher product costs and manufacturing overhead expenses; (4) that, as a result of the slower production rate, the Company was reasonably likely to incur charges in connection with the CEPA; (5) that the foregoing was a known trend affecting the Company’s profitability; and (6) that, as a result of the foregoing, Defendants’ positive statements about the Company’s business, operations, and prospects were materially misleading and/or lacked a reasonable basis.

Contact Us To Participate or Learn More:

If you purchased FuelCell securities, have information or would like to learn more about these claims, or have any questions concerning this announcement or your rights or interests with respect to these matters, please contact us:
Law Offices of Howard G. Smith,
3070 Bristol Pike, Suite 112,
Bensalem, Pennsylvania 19020,
Telephone: (215) 638-4847
Email: howardsmith@howardsmithlaw.com,
Visit our website at: www.howardsmithlaw.com.

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