A class of plaintiffs claiming that the iPad overheats and shuts down when used in the sun filed an amended complaint, this time relying upon Apple advertisements that misled them into thinking that the tablet worked outdoors.
The suit, which was originally filed in July, alleges fraud and deceptive advertising based on Apple’s ad claims that reading on the iPad is “just like reading a book.”
That claim is false, according to the complaint, because “books do not close when the reader is enjoying them in the sunlight or in other normal environmental conditions.”
While the first complaint referenced a “consistent marketing campaign,” the second complaint, filed October 12, got specific, relying upon Apple commercials on television and the company’s Web site to support the plaintiffs’ claims.
The television commercial depicts “use of the iPad in various places, including outdoor locations such as a sidewalk café, front steps of a building, and on a grassy lawn, among others,” according to the complaint. The Web site also aired a commercial that depicted the iPad being used outdoors while attached to the dashboard of a car and the gas tank of a motorcycle, the complaint said.
Both ads stand in contrast to the experiences of the named plaintiffs, who all tried to use the iPad outdoors with limited success.
John Browning, a named plaintiff who purchased an iPad to use while attending his children’s outdoor soccer games, alleges that the device shut down after less than 20 minutes outdoors in 70-degree weather.
In addition to false advertising, the suit – filed in a California federal court – also alleges fraud, misrepresentation, and breach of warranty.
To read the amended complaint in Baltazar v. Apple, Inc., click here.
Why it matters: When creating a marketing campaign, advertisers should consider all facets of the presentation. The plaintiffs claim that they relied upon the images of an iPad being used in various outdoor locations in the company’s advertisements, and that the product “does not live up to the reasonable consumer’s expectations created by Apple” in its advertising.