A federal judge in Brooklyn has dismissed most claims in a proposed class-action lawsuit alleging that Apple’s AirPods Max suffer from a condensation defect. Judge Orelia E. Merchant of the Eastern District of New York ruled on July 7, 2026, that the $549 headphones perform their basic function even when moisture accumulates inside the ear cups, and that product warranty law does not require perfection.
She dismissed every claim brought under New York law with prejudice, effectively removing one of the two plaintiffs, Arthur Apicella, from the case entirely. The lawsuit, filed in April 2025, alleged that condensation builds up inside the ear cups during normal indoor use, degrading sound quality, disabling ear detection and active noise cancellation, and interfering with charging. Apicella reported excessive condensation appearing within about 15 minutes of use, often while simply watching a movie. The judge’s reasoning hinged on a narrow reading of merchantability: a product need only meet “a minimal level of quality,” not be flawless.
The second plaintiff, Dustin Amundson from Washington, survives in a limited capacity. He may proceed with claims under Washington state law’s implied warranty of merchantability and the federal Magnuson-Moss Warranty Act. His express warranty and unjust enrichment claims were dismissed, and he has until August 5 to seek permission to revive consumer-protection and fraud claims; Apple’s opposition is due by September 4.
This is the second condensation class action to collapse. An earlier California case filed in February 2021 never reached the class-action stage after both lead plaintiffs settled their individual claims with Apple and the parties moved to dismiss.
Apple has consistently maintained that the AirPods Max are “not waterproof or water resistant” and that moisture visibility is merely a side effect of the ear cups being magnetic and removable. The company has never conceded an inherent design defect. The phenomenon itself is oddly uneven: many owners experience AirPods Max condensation issues with no apparent ill effects, and there is no evidence of a flood of water-damaged units hitting the repair market.
Apple released the AirPods Max 2 in March 2026 with an upgraded H2 chip but kept the same ear cup design. Condensation has already been reported in the newer model, suggesting Apple does not regard this as a defect worth redesigning around. With legal remedies now narrowing, owners experiencing condensation work within Apple’s existing warranty terms or pursue individual claims.
