TUAW is reporting that the Ninth Circuit Court of Appeals has agreed with a 2008 ruling that dismissed a 2006 suit brought against Apple. The original suit claimed that iPod music players caused hearing loss.
The original suit from a man residing in Louisiana, claimed iPods had the ability to cause permanent hearing loss. The reasons given were that the design of the earbuds encouraged users to place them too deep into the ear canal, and a general lack of volume meters.
The man had sought to make this a class action suit but the District Court of the Northern District of California dismissed the suit, siding with Apple who had claimed the design posed no risk to consumers hearing. The judge was stated as saying the suit pointed out credible ways to make the device safer to users, but did not prove iPods themselves were dangerous.
There were also mentions of unfair competition that didn’t hold water in the suit, that both courts also threw out.
You may notice, the original suit was filed in 2006, the same year Apple introduced new designs to the earbuds, and if I’m not mistaken, the ability to limit the volume loudness on your device.
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