Unbelievable

Apple sued over hearing loss in iPod buyers
By DAN GOODIN, Associated Press Writer

Wednesday, February 1, 2006

An owner of Apple Computer Inc.'s iPod music player filed a federal lawsuit against the computer maker, claiming the device causes hearing loss in people who use it.

The portable music players are "inherently defective in design and are not sufficiently adorned with adequate warnings regarding the likelihood of hearing loss," according to the complaint, which seeks class action status. The suit, filed on behalf of John Kiel Patterson of Louisiana on Tuesday in U.S. District Court in San Jose, Calif., seeks compensation for unspecified plaintiffs' damages and upgrades that will make iPods safer.

Apple has sold more than 42 million of the devices since they went on sale in 2001, including 14 million in the fourth quarter last year. The devices can produce sounds of more than 115 decibels, a volume that can damage the hearing of a person exposed to the sound for more than 28 seconds per day, the complaint states.

Although the iPod is more popular than other types of portable music players, its ability to cause noise-induced hearing isn't any higher, experts said.

"We have numerous products in the marketplace that have the potential to damage hearing," said Deanna Meinke, a professor of audiology at the University of Northern Colorado. "The risk is there but the risk lies with the user and where they set the volume."

Apple spokeswoman Kristin Huguet declined to comment.

The Cupertino-based company ships a warning with each iPod that cautions "permanent hearing loss may occur if earphones or headphones are used at high volume."

Apple was forced to pull the iPod from store shelves in France and upgrade software on the device to limit sound to 100 decibels, but has not followed suit in the United States, according to the complaint. White headphones commonly referred to as ear buds, which ship with the iPod, also contribute to noise-induced hearing loss because they do not dilute the sound entering the ear and are closer to the ear canal than other sound sources, the complaint states.

Apple has also contributed to hearing loss in iPod users by including phrases such as "crank up the tunes" and "bring in the noise" in lesson manuals related to the device, according to the complaint.

Patterson bought an iPod in 2005, according to the complaint, which didn't say if he has suffered hearing loss as a result of using it. Attorneys for Patterson did not return phone calls seeking comment.