An AMERICAN judge has ruled the lawsuit against Apple on its Powerbeats earphones can go ahead “in part”.
Seven clients from different cities of the united states, say the headphones do not hold their charge for as long as Apple advertises, and they are not as water-or sweat-proof as claimed.
The judge said that the sweat-proof claims “require amendment” but the challenge as regards the battery life could continue.
Apple had requested that all the claims are rejected.
District judge Richard Seeborg said that the case could go forward, but some modifications were needed to the allegations of the helmet has failed, when in contact with sweat despite being marketed as an activity to wear.
He wrote that, although the clients had not explicitly specified that they had sweated while wearing the helmet, there was a case in arguing that the life of the battery of the devices has not been as good as Apple had claimed in its marketing materials.
Apple has promoted the Powerbeats 2 headphones as having “six-hour rechargeable battery” and Powerbeats 3 “up to 12 hours of battery life”.
The seven customers were all told that they had owned several Powerbeats headphones, which has not lived up to this expectation.
Apple has been contacted by the BBC for the commentary.
According to the court decision, released May 16, one of the clients received five replacement Powerbeats 2 headphones and they all have malfunctioned “default load and, finally, failing to activate”.
Christopher Bizzelle later bought a pair of Powerbeats 3 helmet, but had the same problem.
He said an Apple service representative told him that he believed that it was the result of “the sweat damage to the Powerbeats”.
Powerbeats 3 currently has 1.5 stars by customers on the Apple store, with several complaining of the sweat seems to interfere with the helmet on the ability to operate.