The plaintiffs in a lawsuit against Apple Computer Inc. failed to show the iPod isn't fit to be sold for listening to music, a U.S. court ruled Wednesday (Paul Sancya/Associated Press)

A U.S. federal appeals court has rejected claims that Apple Computer Inc. is responsible for hearing loss among users of its iPod digital music player. The Ninth Circuit Court of Appeals in San Francisco confirmed a 2008 district court ruling on Wednesday.

The plaintiffs claimed the iPod poses an unreasonable risk of noise-induced hearing loss because the ear buds are designed to be placed deep in the ear canal.

But the appeals court said the plaintiffs — two iPod customers in Louisiana and California — failed to show the devices weren't fit to be sold for listening to music.

"The plaintiffs do not allege the iPods failed to do anything they were designed to do," Judge David Thompson wrote. "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.

"At most, the plaintiffs plead a potential risk of hearing loss not to themselves but to other unidentified iPod users."

Plaintiffs Joseph Birdsong and Bruce Waggoner alleged that iPods play music up to 115 decibels but the devices carry no indication of this volume capability. The user manuals do include a noise warning.

The plaintiffs had sought damages and wanted Apple to improve safety and disclosure, provide better headphones, and test iPod users for hearing loss.