FuelCell Energy, Inc. (NASDAQ: FCEL)

This lawsuit is for anyone who acquired securities in FuelCell Energy, Inc. (NASDAQ: FCEL) from June 24, 2026 through September 2, 2026.

The lawsuit alleges that the Company and certain of its executives violated federal law. Specifically, the lawsuit alleges that, throughout the time period mentioned above, the Company misled investors regarding its financial condition. More specifically, the lawsuit alleges that the Company misled investors by failing to timely inform investors that the Company lacked the manufacturing capacity to produce enough product to sell the product profitably to Fit Energy for the previously established contract price.

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, the price of the Company’s stock dropped precipitously on unusually heavy trading volume.

The Law Offices of Howard G. Smith seeks to recover damages on behalf of class members. If you acquired securities in FuelCell Energy, Inc. (NASDAQ: FCEL) from June 24, 2026 through September 2, 2026 you may join the lawsuit by submitting your information online, or you may call the Law Offices of Howard G. Smith and speak to Mr. Smith directly to learn how he can protect your rights.