Overview
- A federal judge issued the order Tuesday, dismissing every claim brought under New York law with prejudice and removing the New York plaintiff from the proposed class action.
- The court allowed the Washington plaintiff to continue with two remaining claims brought under Washington state law and the federal Magnuson-Moss Warranty Act.
- The plaintiffs say condensation builds up inside AirPods Max ear cups during normal indoor use and that the moisture can degrade sound, break ear-detection and active noise cancellation, and interfere with charging.
- Apple disputes an inherent defect, telling courts that condensation is more visible because the ear cups are magnetic and removable and reminding consumers the headphones are not water-resistant.
- Reports of condensation date to the AirPods Max launch in December 2020 and a separate 2021 California suit settled before class certification, and the ruling limits the prospect of broad, nationwide relief while the narrower case continues.