NEW YORK (Reuters) – A federal choose on Wednesday dismissed a proposed class-action lawsuit accusing Apple Inc of deceptive shoppers about how resistant its iPhones are to water publicity.
Apple’s ads had made numerous claims concerning the iPhone’s resistance to break when submerged or in any other case uncovered to water, together with that some fashions might survive depths of 4 meters (13.1 ft) for half-hour.
The named plaintiffs, two from New York and one from South Carolina, claimed that Apple’s “false and deceptive” misrepresentations let the corporate cost twice as a lot for iPhones than the price of “common smartphones.”
U.S. District Judge Denise Cote in Manhattan mentioned the plaintiffs plausibly alleged that Apple’s advertisements might mislead shoppers, however didn’t present their iPhones had been broken by “liquid contact” Apple promised they may stand up to.
The choose additionally discovered no proof of fraud, citing an absence of proof that Apple meant to overstate its water resistance claims, or that the plaintiffs relied on fraudulent advertising and marketing statements when shopping for their iPhones.
Spencer Sheehan, a lawyer for the plaintiffs, mentioned his purchasers are upset with the choice, and no determination has been made whether or not to enchantment.
Neither Apple nor attorneys for the Cupertino, California-based firm instantly responded to requests for remark.
In the quarter ended Dec. 25, 2021, iPhones accounted for $71.6 billion, or 58%, of Apple’s $123.9 billion of web gross sales.
The case is Smith et al v Apple Inc, U.S. District Court, Southern District of New York, No. 21-03657.
(Reporting by Jonathan Stempel in New York; Editing by Karishma Singh)
