Court Has Heard Enough in iPod Earbud Suit

A federal appeals court has unanimously tossed a class action alleging that Apple failed to warn consumers that using iPod earbud-style headphones at full volume can lead to hearing loss. The 3-0 ruling by the Court of Appeals for the Ninth Circuit affirmed the lower court's 2008 decision to dismiss the case.

The suit, filed by lead plaintiffs Joseph Birdsong and Bruce Waggoner in 2006, alleged that iPods' maximum volume of 115 decibels, equivalent to a helicopter taking off, puts users in danger of permanent hearing loss. Further, the plaintiffs said that Apple's signature “earbuds” – the white-and-silver headphones that fit snugly inside users' ears – provide less protection against hearing loss than traditional headphones.

In June 2008, Judge James Ware of the Northern District of California dismissed the suit, ruling that the plaintiffs failed to prove that they had suffered any actual harm as a result of the headphones' alleged defect. The Ninth Circuit upheld his ruling, with judge David Thompson writing that the suit “suggest[s] only that users have the option of using an iPod in a risky manner,” not that the headphones were inherently defective.

Judge Thompson also hinted that the issue was not suitable for class treatment, writing that, “At most, the plaintiffs plead a potential risk of hearing loss not to themselves, but to other unidentified iPod users.”

While Apple does alert consumers that continually playing music at a “high volume” can lead to hearing problems, the plaintiffs contended that this warning was too vague. They said that Apple had a responsibility to tell consumers the maximum safe decibel level, and to sell iPods with a device telling users how loud their music is at any given moment. Jeff Friedman, one of the plaintiffs' lawyers, said, “It's not a matter of turning your volume up or down. It's a matter of understanding when you're in jeopardy.”

Software compatible with late-model iPods allows users to set a “maximum volume limit” to prevent decibels from going beyond a certain level. According to Apple's website, the feature “works with any headphones attached to the headphone jack” and allows users to “assign a combination to prevent the setting from being changed which is ideal for parental control.”

The European Union recently enacted a uniform volume limit on all MP3 players, including iPods. The proposal, expected to take hold in the spring, sets a default maximum of 85 decibels, with an override option allowing users to increase the level to 100 decibels. Friedman has voiced support for similar legislation in the United States.