NEW YORK (WABC) — On Wednesday, a federal court dismissed a planned class-action lawsuit accusing Apple Inc. of deceiving consumers about the water resistance of its iPhones.

Apple’s ads touted the iPhone’s resilience to damage when submerged or otherwise exposed to water, claiming that some versions could withstand depths of up to 4 metres (13.1 feet) for 30 minutes.

Apple’s “false and misleading” misrepresentations allowed the corporation to charge twice as much for iPhones as “ordinary smartphones,” according to the identified plaintiffs, two from New York and one from South Carolina.

The plaintiffs reasonably asserted that Apple’s marketing may mislead consumers, but did not establish their iPhones were damaged by the “liquid contact” Apple advertised they could resist, according to U.S. District Judge Denise Cote in Manhattan.

The judge also found no evidence of fraud, citing a lack of evidence that Apple intended to exaggerate its water resistance claims or that the plaintiffs bought their iPhones based on deceptive marketing representations.

The plaintiffs’ lawyer, Spencer Sheehan, said his clients are dissatisfied with the judgement and that no decision on whether to appeal has been made.

Requests for comment were not immediately returned by Apple or its lawyers in Cupertino, California.

iPhones accounted for $71.6 billion, or 58 percent, of Apple’s $123.9 billion in net sales in the quarter ending Dec. 25, 2021.

Smith et al v Apple Inc, No. 21-03657, U.S. District Court, Southern District of New York.

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