Jonathan Stempel

NEW YORK, Reuters – On Wednesday, a federal judge dismissed a class action lawsuit alleging that Apple Inc (NASDAQ) misled consumers regarding the water resistance of its iPhones.

Apple advertised various features about their iPhone’s resistance against damage when it was submerged or left exposed to water.

Two plaintiffs from New York, and one from South Carolina were named as the defendants. They claimed Apple charged twice the average smartphone price for iPhones because of its “false, misleading” statements.

Manhattan U.S. District Court Judge Denise Cote stated that plaintiffs alleged Apple’s advertising could mislead customers, but didn’t show damage to their iPhones by the “liquid contact” Apple claimed they could withstand.

A judge found no proof that Apple intentionally overstated its water resistance claims. The plaintiffs also relied on false marketing statements to purchase their iPhones.

Spencer Sheehan was a plaintiff’s lawyer. He said that his clients were disappointed by the decision and that no appeal decision had been made.

Apple and the Cupertino-based lawyers did not immediately respond to our requests for comment.

iPhones contributed $71.6 billion or 58% to Apple’s total net sales of $123.9 million in quarter ending December 25, 2021.

Smith et al v Apple Inc. The case is U.S. District Court Southern District of New York No. 21-03657.