A man in Louisiana is suing Apple, claiming that the iPod causes hearing loss.
According to the filing, iPods are "inherently defective in design and not sufficiently adorned with adequate warnings regarding the likelihood of hearing loss", reports Associated Press.
The complaint also notes that Apple ships ear buds with the iPod, and because these are closer to the ear canal they are more likely to cause damage.
The complainant is seeking compensation and requests that future upgrades will make iPods safer.
The report notes that Apple was force to pull the iPod from store shelves in France because the device topped the 100-decibel sound limit in that country.
This story first appeared on Macworld.co.uk.