O-like dud

I bought a 50mW Pocket Compact green laser from o-like. It was very bright for the first 20 seconds, then it quickly dimmed to almost nothing. Now, every time I turn it on, it starts out dim and fades to nothing after a couple seconds. I'm not even convinced that the first 20 seconds were actually 50mW, because I could only see the beam when looking nearly inline with it (in a moderately lit room).

Does this sound like the battery is low or the laser is defective? It seems like the latter to me. Has anyone ever had any luck with getting o-like to replace a defective product?

Sounds like a bad battery, have you tried replacing it?

I would be very relieved if it's the battery. I have some extra CR2's and a charger on the way. As soon as that comes, I will try those batteries out.

So I just got an email from o-like saying that the batteries come uncharged. I wonder why they do that. The best way to store Li-Ion batteries is at 40% charge, according to what I've read.

So that customs doesn't have a fully charged battery to tell exactly how powerful your laser is.