Samsung Sued For S10 Phones' Water Resistant Claims, Misleading Ads

The Australian Competition and Consumer Commission (ACCC), a consumer protection watchdog and business regulator, is suing Samsung Electronics Australia Pty Ltd for allegedly false, misleading and deceptive advertising about the water resistance of 15 versions of the Samsung Galaxy mobile phone.

The Galaxy phones cited by the ACCC in its lawsuit are the S10e, S10, S10 Plus, S9, S9 Plus, S8, S8 Plus, S7, S7 Edge, Note 9, Note 8, Note 7, A8, A7, and A5. These phones were manufactured between 2016 and 2019.

ACCC’s case involves over 300 Samsung ads involving these phones that claim water resistance.

“The ACCC alleges Samsung’s advertisements falsely and misleadingly represented Galaxy phones would be suitable for use in, or for exposure to, all types of water, including in ocean water and swimming pools, and would not be affected by such exposure to water for the life of the phone, when this was not the case,” said ACCC Chair Rod Sims.

ACCC argues Samsung doesn’t have a reasonable basis for making these claims because it didn’t test or know of testing how exposing a Galaxy phone to water (including non-fresh water) affected its usable life. It holds the view using Galaxy phones in liquid other than fresh water could damage them.

Samsung advertised its Galaxy phones as having “IP68 water resistance,” meaning they’ll keep functioning in waters 1.5 meters deep for 30 minutes. The ACCC, however, argues this claim doesn’t cover all types of water.

“Samsung showed the Galaxy phones used in situations they shouldn’t be to attract customers,” according to Sims. He also said consumers value water resistance as a feature and were denied an informed choice.

Samsung's site notes the Galaxy S10 isn’t advised for beach or swimming pool use.

ACCC also claims Samsung denied warranty claims from consumers whose phones were damaged when used in water. It said that under the Australian Consumer Law, businesses cannot mislead consumers about their products’ capabilities.

“Any attempt to do so will risk court action from the ACCC.”

ACCC is seeking penalties, consumer redress orders, injunctions, declarations, publication orders, an order as to findings of fact, and costs.