Judge dismisses proposed iPhone water resistance class action suit

The proposed lawsuit argued that Apple marketing misrepresents how resistant to liquid the iPhone is, and specifically that it overstates the capabilities. Plaintiff Antoinette Smith of New York maintain that these "false and misleading" claims allow Apple to charge more for iPhones.

According to Reuters, however, US District Judge Denise Cote in Manhattan has dismissed the case.

Judge Cote said that Smith and a second plaintiff had plausibly argued that Apple's advertising could mislead users. However, they did not show that their iPhone were damaged by liquid contact that Apple had promised they could withstand.

The judge also said there was no proof of fraud, and cited a lack of evidence concerning Apple intending to exaggerate its claims. There was also insufficient evidence that the plaintiffs had relied on the water resistance claims in their buying decision.

The plaintiffs were represented by Spencer Sheehan, who said the result was disappointing. No decision over an appeal has yet been made.

Separately, Apple has previously been fined by Italian authorities over its water resistance marketing claims. Complicating matters for users is that different iPhones offer different degrees of water resistance.