2009-12-30 10:45pm
A US appeals court on Wednesday upheld the dismissal of a class action lawsuit filed against Apple Inc. which claimed the iPod was defective and could cause hearing loss.
"The plaintiffs simply do not plead facts showing that hearing loss from iPod use is actual or imminent," the San Francisco-based US Court of Appeals for the Ninth Circuit said in upholding the ruling of a district court.
"The iPod has an 'ordinary purpose of listening to music,' and nothing they allege suggests iPods are unsafe for that use or defective," the court said.