The Australian Competition and Consumer Commission (ACCC) is taking Samsung to court over allegations it misled customers over the Galaxy devices’ water resistance.
According to the ACCC, Samsung has been depicting phones in or near unsuitable environments such a swimming pools and oceans since way back in 2016. The claims state Samsung has no basis to make this representation.
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[perfectpullquote align=”full” bordertop=”false” cite=”” link=”” color=”#0073FE” class=”” size=””]“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,[/perfectpullquote]
The lawsuit is based on over 300 advertisements which is a bold claim. The ACCC claims Samsung did not have a reasonable basis for making the representations because:
- It did not test or know of testing (or sufficient testing) about how exposing a Galaxy phone to water (including non-fresh water) affected its usable life;
- It held the view that using Galaxy phones in liquid other than fresh water could damage them. For example, Samsung’s website states that the new Galaxy S10 phone range is ‘not advised for beach or pool use‘;
- It has denied warranty claims from consumers whose phones were damaged when used in water.
- Samsung showed the Galaxy phones used in situations they shouldn’t be to attract customers
Samsung claims most Galaxy devices are advertised as having IP68 water resistance. This means it can last in waters of up to 1.5 meters deep for 30 minutes but the ACCC state this rating does not cover all types of water. Samsung itself says the Galaxy S10 is not advised for use on the beach but advertise the phone being used on the beach in multiple photos and ad campaigns.
Samsung is confident it is safe in the lawsuit stating it’s standing by the marketing and plans to fight the case.
