FCEL Investor Alert: FuelCell Energy, Inc. Securities Class Action Notice - Contact SueWallSt

Important Notice Regarding Alleged Manufacturing Capacity Misrepresentations: a securities class action contends FuelCell Energy did not disclose that its plant capacity was inadequate to produce at the rate its Fit Energy contract required, resulting in a $17.0 million charge

NEW YORK, Sept. 29, 2026 (GLOBE NEWSWIRE) -- SueWallSt notifies investors in FuelCell Energy, Inc. (NASDAQ: FCEL) that a class action lawsuit has been filed on behalf of shareholders who purchased securities between June 24, 2026 and September 1, 2026. Find out if you could qualify to recover your losses. You may also contact Joseph E. Levi, Esq. at jlevi@SueWallSt.com or (888) SueWallSt.

On September 2, 2026, FuelCell reported a $17.0 million charge tied to Phase 0 of its capital equipment purchase agreement with Fit Energy USA LP, a fiscal third quarter net loss of $45.3 million, and revenue of $33.0 million, down approximately 29% year over year. The Company stated it operated at an annualized manufacturing production rate of approximately 37.1 MW, against a publicly stated plan to scale operations to 500 MW. Applications to serve as lead plaintiff must be filed by November 10, 2026.

Manufacturing Capacity at the Center of the Clean Energy Securities Fraud Claims

When FuelCell announced the agreement for up to 380 MW of fuel cell power on June 24, 2026, the arrangement was presented as validation of the Company's production scale-up strategy. According to the lawsuit, capacity was not adequate to generate the output rate the contract required, and slower production was already driving per-unit costs above the contractual pricing the Company had agreed to accept.

Key Manufacturing Capacity Allegations for Shareholders

• The complaint alleges available capacity was insufficient to support the production rate required under the Fit Energy agreement.
• Deliveries under the agreement were allegedly proceeding more slowly than expected during the Class Period.
• Fixed manufacturing overhead was allegedly being absorbed at volumes far below the level the Company's own cost structure required.
• The lawsuit contends this was a known trend affecting profitability that was reasonably likely to produce charges against inventory and firm purchase commitments.
• Gross loss for the quarter reached $(24.5) million, an increase of approximately 377% over the prior year period.
• Positive statements about the Company's business, operations, and prospects allegedly lacked a reasonable basis as a result.

"This case presents important questions about manufacturing capacity disclosure obligations in the clean energy sector, where contract economics depend on production volumes that outside investors cannot observe directly. The complaint alleges the Company was operating well below the volume its cost structure required while promoting a 380 MW agreement as a growth milestone." -- Joseph E. Levi, Esq.

Submit your information here or call (888) SueWallSt.

WHY SUEWALLST: SueWallSt is powered by Levi & Korsinsky LLP. Levi & Korsinsky LLP has established itself as a nationally-recognized securities litigation firm that has secured hundreds of millions of dollars for aggrieved shareholders and built a track record of winning high-stakes cases. The firm has extensive expertise representing investors in complex securities litigation and a team of over 70 employees to serve our clients. For seven years in a row, Levi & Korsinsky has ranked in ISS Securities Class Action Services' Top 50 Report as one of the top securities litigation firms in the United States.

Frequently Asked Questions About the FCEL Lawsuit

Q: Who is eligible to join the FCEL investor lawsuit? A: Investors who purchased FCEL stock or securities between June 24, 2026 and September 1, 2026 and suffered financial losses may be eligible. Eligibility is based on purchase date and documented losses -- not on whether you still hold the shares.

Q: What is the FCEL lead plaintiff deadline? A: The deadline to apply for lead plaintiff appointment is November 10, 2026. This deadline applies only to investors seeking to serve as lead plaintiff. Class members who do not apply may still participate in any recovery without taking action before this date.

Q: What specific misstatements does the FCEL lawsuit allege? A: The complaint alleges FuelCell Energy, Inc. made materially false or misleading statements or otherwise omitted known information regarding the adequacy of its manufacturing capacity to generate the production rate required under the Fit Energy agreement, and the likelihood of incurring the resulting product cost and manufacturing overhead increases.

Q: What do FCEL investors need to do right now? A: Investors may gather brokerage records showing purchase dates, share quantities, and prices paid. Submit your information for a no-cost, no-obligation evaluation of your potential recovery. No immediate action is required to remain eligible as an absent class member.

Q: What is a lead plaintiff and why does it matter? A: A lead plaintiff is the investor appointed by the court to represent the entire class. Lead plaintiffs are typically investors with the largest documented losses. Being appointed does not increase individual recovery but gives direct oversight of how the case is run.

Q: What if I already sold my FCEL shares -- can I still recover losses? A: Yes. Eligibility is based on when you purchased, not whether you still hold the shares. Investors who bought during the Class Period and sold at a loss may still be eligible to participate.

Q: Do I need to go to court or give testimony? A: No. The overwhelming majority of class members never appear in court or give depositions. If there is a settlement or recovery, eligible class members generally submit a claim form to seek their portion.

Q: What does it cost me to participate? A: There is no upfront cost to submit your information and review whether you may be eligible to recover. Should you choose to participate in the securities class action, they are generally handled on a contingency basis, with any attorneys' fees and expenses subject to court approval.

CONTACT:

Levi & Korsinsky, LLP

Joseph E. Levi, Esq.

33 Whitehall Street, 27th Floor

New York, NY 10004

jlevi@SueWallSt.com

Tel: (888) SueWallSt

Fax: (212) 363-7171

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