Apple Inc. won a federal appeals court ruling in the iPod volume suit, which alleged that a volume of up to 104 decibels in Apple’s iPod music player could cause hearing loss.

The lawsuit was filed by Joseph Birdsong of Louisiana and Bruce Waggoner of California in 2006.

The duo had claimed that Apple’s iPods were defective and the company did not warn against the possibility of hearing loss.

The three-judge appeals court said the lawsuit had to be dismissed as it could not show that iPods were not fit for the ordinary use of listening to music.

Pronouncing the verdict, Court of Appeals said, “The plaintiffs simply do not plead facts showing that hearing loss from iPod use is actual or imminent.”

After facing criticism that iPods may lead to loss of hearing, Apple in 2006 had to release software that lets parents limit volume.