In an action claiming that Apple's iPod was defective because it posed an unreasonable risk of noise-induced hearing loss to its users, dismissal of the action is affirmed where: 1) the plaintiffs admitted that the iPod had an ordinary purpose of listening to music, and nothing they alleged suggested iPods were unsafe for that use or defective; 2) the plaintiffs failed to allege how the absence of their suggested changes to the iPod caused any user an injury; and 3) plaintiffs did not allege the requisite injury in fact to have standing under California's Unfair Competition Law.
Argued and Submitted October 8, 2009
Filed December 30, 2009
Opinion by Judge Thompson
Jeff D. Friedman, Berkeley, CA
David Bernick, New York, NY