Judge David Thompson has upheld a ruling that Apple's iPod earbuds do not cause hearing loss, according to TG Daily. Judge Thompsom said that the plaintiffs could not prove that the earbuds were dangerous, only that they could stand some improvement:
The plaintiffs do not allege the iPods failed to do anything they were designed to do nor do they allege that they, or any others, have suffered or are substantially certain to suffer inevitable hearing loss or other injury from iPod use.
The suit was originally filed by Joseph Birdsong and Bruce Waggoner. Although they did not suffer from any damage, they believed someone could lose hearing sense. Techtree.com reports that they were asking Apple to supply better quality headphones and clear disclosures, and award some monetary damages.