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By Jonathan Stempel
NEW YORK (Reuters) – A federal judge on Wednesday rejected a lawsuit against Apple Inc. (NASDAQ 🙂 for allegedly misleading consumers about its iPhone’s resistance to water exposure.
Apple’s announcements made a number of claims about the iPhone’s resilience to underwater or otherwise underwater damage, including the fact that some models can last up to 30 meters (13.1 feet) in depth.
The named plaintiffs, two from New York and one from South Carolina, said Apple’s misrepresentation allowed the “fake and misleading” company to charge twice as much as the cost of “average smartphones” for iPhones.
U.S. District Court Judge Denise Cote Manhattan said the plaintiffs said Apple’s ads could mislead consumers, but did not show that the iPhone was damaged by “liquid contact” as Apple had ordered.
The judge also found no fraudulent evidence that Apple intended to override its water resistance claims or that the plaintiffs relied on fraudulent marketing statements to purchase iPhones.
Plaintiff Spencer Sheehan’s attorney said his clients are disappointed with the decision, and that it is not up to them to decide whether to appeal.
Neither Apple nor the attorneys at Cupertino, Calif., Responded immediately to requests for comment.
In the quarter ended December 25, 2021, iPhones accounted for $ 71.6 billion in net sales of Apple’s $ 123.9 billion, or 58%.
The lawsuit is filed under Smith et al v Apple Inc., U.S. District Court, Southern District of New York, No. 21-03657.
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