Apple wins appeal over iPod hearing loss

The Ninth Circuit Court of Appeals has affirmed a 2008 ruling dismissing a 2006 case brought against Apple, which claimed that the iPod music player caused hearing loss.

In the original suit, a Louisiana man had claimed that the iPod had the potential to cause irreparable hearing loss, citing the design of the ear buds as encouraging too-deep placement within the ear, and the lack of volume meters.

He had sought to have the suit classified as a class action suit against Apple, but in 2008, the District Court for the Northern District of California dismissed the suit, agreeing with Apple's assertion that the design did not cause an unreasonable risk of noise-induced hearing loss. The judge stated that the lawsuit had merely pointed out ways to make the device safer, not shown that the device itself was dangerous.

The suit also alleged elements of unfair competition, which were also dismissed and affirmed on appeal.
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