While Apple says that they won't cover water damage, they are still obligated to meet the IP67 rating that is advertised.
They have enough legal warnings in place for that regardless how they are advertising the device. No amount of user testing will change any of that.
Well, if user testing can indeed prove that the iPhone 7 doesn't live up to its IP67 standards then (as mentioned above) it could be interpreted as a manufacturing defect, in addition to false advertising. If all those claims are agreed by the court then OP could recover the costs as they were incurred due to false advertising on Apple's part. If OP were to proceed with this as an individual case then he/she may need to prove that the use case under which the damage happened was within the limits covered by IP67, that may be tricky but the use of a barometer as mentioned by another user would be good.
Alternatively if OP was to proceed with the manufacturing angle defect then they would not have to prove their individual use case and only prove that the iPhones were never truly met IP67 standards. At the same time, OP may want to find out what the testing procedure is to get the IP67 certification and conduct the same experiment to see if the devices pass the test.
I actually saw one of the advertisements and it had a disclaimer below much like when drugs are being advertised in the same medium (television).
That disclaimer is mentioned at the very end of the ad quoted below but it pretty much states the same in their warranty, that water damage isn't covered.
If he was running in the rain and that's all he did Apple is full of **** and should just do the right thing. Apple can't have it both ways. Use it as a feature and advertise it and at the same time say sorry liquid damage piss off.
Doesn't work that way.
Although this is the ad that predominantly highlights the water-resistant features it never actually shows the device being used in rain, so that may be a minor problem. That said it still does highlight in bold words 'water resistant'.
In this ad around the 1min 36 mark, you actually see the device being used under the rain (again this ad too has a disclaimer in the back) so this could further ad case for false advertising if OP manages to prove that the iPhone is not as water resistant as advertised.
This is the small text from Apple's iPhone page with regards to the water resistant features:
- iPhone 7 and iPhone 7 Plus are splash, water, and dust resistant and were tested under controlled laboratory conditions with a rating of IP67 under IEC standard 60529. Splash, water, and dust resistance are not permanent conditions and resistance might decrease as a result of normal wear. Do not attempt to charge a wet iPhone; refer to the user guide for cleaning and drying instructions. Liquid damage not covered under warranty.
The bold bit that's highlighted is another thing OP might want to consider. A) what constitutes 'normal wear' and how long the features are meant to last and B) did OP try to charge a wet iPhone?
https://www.nema.org/Standards/ComplimentaryDocuments/ANSI-IEC-60529.pdf - This is the document that will highlight in more detail the testing methods and certification standards for Apple's iPhone.
Now you may want to find a lawyer that has a good sense of your local law, the EU law, and tech in general (to understand the barometer bit). But all in all, there is enough in the EU consumer and marketing law to build a case based on misleading advertisement for deceiving the intended audience of the ads, and not holding up its end of the sales contract of ensuring that its products conform to the descriptions it sets out.
But all of that is dependant on whether or not you can prove that the iPhones are truly IP67. You may also want to try filing a Freedom of Information request to Apple regarding its IP67 certification and tests.
But please do consult a lawyer as I'm no legal expert and I'm just a graduate student that really doesn't want to do his assignments