“In a class-action lawsuit filed Thursday, a Manhattan Beach, California man claims that his iPod shuffle is defective because while working out, his perspiration traveled down the earphone cord, shutting it down,” Josh Dickey reports for The Wrap.
“This injustice was addressed by Stephen Vale, whose filings call Apple out for advertising wild claims about the clip-on MP3 player’s uses,” Dickey reports. “These include — but are not limited to — its ability to function while “Working out,” “Running,” “On the Road” (with a picture of a woman on a bicycle) and “On the Go” (with a picture of a woman pushing a shopping cart).”
Dickey reports, “Vale is leveling five breach-of-warranty counts, one count of false advertising, and one count of unfair competition. He seeks unspecified damages for himself and any California resident who chooses to join the class.”
Full article here.
MacDailyNews Take: They don’t call it The Land of Fruits and Nuts for nothing.
I’ve had that happen myself and my brothers ipod also. Fortunately because of the high quality buid, the Ipod shuts itself off immediately to prevent any damage. After it’s dry it’s good as new. But I wouldn’t drop it in a swimming pool for a day or 2.
Waaah
My heart goes out to these poor people in California for the injustice they have to endure….
Oh my
@Ubermac…. actually most of us in Ca are fairly normal. The problem is the earthquakes, Jerry Brown, the Govenator, great weather, Steve’s reality distortion field, and simply being a great place to live attracts all of the other 50 state’s nutjobs to move here.
At least that’s what my Shaman/personal advice/trainer/tattoo artist told me last week at my tarrot card reading.
Furthermore…. how much do you have to sweat to get it to run down the cord? Seriously…
Well played Jim
@Spatlantean
“Fortunately because of the high quality buid”
For a moment I thought you meant your build — in such fine shape that you don’t sweat, unless you’re bench pressing trucks.
Look for the next generation of shuffle to either have the connector at the bottom, or a clip that allows the shuffle to be clipped upside down. That way any perspiration travelling down the cable will drop off before getting into the shuffle itself.
It’s not an original idea. It’s standard practice to fit radio microphone body packs onto stage singers and dancers upside down for exactly that reason.
The problem is you yanks have too many lawyers who work on a no win no fee basis. If mister sweatalot lived in the uk he’d have to pay firstly for his own solicitor, followed by his own barrister to get his ridiculous claim to court. The whole lot would be too expensive (especially when he loses the case) that it would never happen over here in the uk, so it just goes to show that living here does have some benefits.
Alan… I’ve got a countryman mic for a sure bodypack that connects to the top. The body pack is a few years old, is this a new innovation?
sounds like someones looking for some extra cash
Macduff… you’ve got a point. But then I’d never be able to walk down the Venice Beach Boardwalk and see this…
try this…

With sweat, and I sweat a lot when working out the switches corrode and no longer function. I’ve had this happen to two of them. But it’s not from sweat running down the cord it’s from my sweaty hands turning the switch off after I’m done. I suppose I could avoid it but it’s too bad it happens.
Actually I know Kalifornica pretty well, lived there for a year… I think it’s the 120 degree heat that cooks too many brains there.
That’s it, I’m going to sue every designer and shirt manufacturer that I ever bought and stained from sweat or spilling. I’m going to sue because they never warned me that I might ruin the shirt doing these activites.
Geeze, what was I thinking when I purchasing replacement clothes all this time.
Go to Manhatten Beach a lot. The Apple store is located a short distance from the coast.
It is an expensive place to live and many there are anal and a wee bit snotty. At least by my East coast view point. This person is looking for an easy pay or believes perfection exist outside of his/her argoant ass. Just another want to be Bill Gates by means of legal action.
My opinion, throw his rear-end into the DWP sewer treatment plant located down the road, put the waste where it belongs!!!!!!
I’ve seen this in iPhone earphones. When they get moist — sweat or rain — god help you. iPhones are also vulnerable to snow. Dropped mine in the snow here in DC while I was shoveling — snow didn’t get in the phone, just a little bit on the dock connector — and it tripped the moisture sensor.
Read the warning labels one more time people. Don’t pin the iPod to your underpants.
If you don’t like fruits and nuts, move back to (insert other state name here).
Solution is to put a condom (not previously used, not pre-lubed) over iPod. Or in this guys case, he can put over his head and look like the dick he is!
@ Jin – TIV
Point taken jim. By the way trust you yanks to go one better than us, I mean we invent Morris men then you put em on rollerblades and strap on an electric guitar. Now that’s why I love your country!
“The problem is you yanks have too many lawyers who work on a no win no fee basis. If mister sweatalot lived in the uk he’d have to pay firstly for his own solicitor, followed by his own barrister to get his ridiculous claim to court. The whole lot would be too expensive (especially when he loses the case) that it would never happen over here in the uk, so it just goes to show that living here does have some benefits.”
MacDuff you forgot that in the UK the loser has to pay the prevailing party’s legal costs.
@ Gregg Thurman
I stand corrected Gregg, you are of course right on that point and that’s why we fortunately don’t seem to be overrun by crackpot claims like this in the uk. Oh sure we’ve got plenty of Have You Had An Accident type of companies sprung up hoping to help some Saturday night drunk who slipped on his own dropped kebab make a claim for supposed injuries but the absolute cranky claims just don’t happen because of the costs, plus the no hope of success scenario.
Can i have some of what he’s Been Smoking.
“What a Nutcase”