Apple is facing a problem with the shortened battery life of the Powerbeats Pro

A presumptive class-action lawsuit sought to sue Apple — alleging that the battery used by the Powerbeats Pro didn't last up to the 9 hours mentioned in Apple's marketing. A lawsuit filed Thursday in the U.S. District Court for the Southern District of New York accused Apple of overprocrying beats by Dre Powerbeats Pro's battery life. While Apple says it can last up to 9 hours on a single charge, New York resident Alejandro Vivar said that's not the case.

According to Law360, the lawsuit said part of the problem was that the earbuds did not necessarily charge properly because the charging case was poorly designed. Allegedly, the earbuds can be removed from their charging base, which makes it impossible to charge.

It has also been suggested that the IPX4-rated sweat-proof and waterproof claim is another worrying reason related to charging. Sweat can corrode charging contacts, and Vivar added that sweat damage is said to be not covered by the product warranty.

Allegedly, apple made more profits at the expense of consumers because of the failure to disclose powerbeats Pro's problems.

Vivar insisted in apple's marketing statement that the battery "will continue for the promised time, the two earbuds will charge equally and maintain their power, free from sweat, and the ability to charge will not be negatively affected by the design or manufacture of the product."

The lawsuit is intended to represent purchasers in multiple states, including Georgia, Michigan, Montana, North Dakota, Oklahoma, Rhode Island, South Dakota and Virginia in addition to New York.

Vivar is represented by Spencer Sheehan of Sheehan & Associates PC. Sheehan had previous experience with Apple, including a case in New York about the water resistance of the iPhone and what was covered by Apple's warranty.

In addition, Sheehan was involved in a case in federal court in California that alleges that the "Buy" button in iTunes is misleading because content purchased using that button has the potential to be disapproved.

This isn't Apple's first lawsuit over Powerbeats and performance. Previously, consumers complained about the failure of Powerbeats 2 and Powerbeats 3, and while the judge reserved the lawsuit in 2018 it was eventually voluntarily dismissed in 2020.