Why Apple will never have to include power adapters with new iPhones in the U.S.

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A judge in Brazil recently ordered Apple to pay $1,000 to a consumer who claimed the company violated the law by failing to include a power adapter with his purchase of a new iPhone. 

The judge rejected Apple’s argument it had done enough by providing a USB-C-to-lightning cable, ruling the company needed to provide the wall adapter with which the cable was designed to be used, reports Insider. 

In not doing so, Apple, the judge determined, was in violation of a Brazilian consumer protection law referred to as a “tie sale,” which happens when a consumer is forced to buy a second product in order for the first to function. 

Consumers in the U.S. are not unfamiliar with Apple declining to provide power adapters with the sale of one of the company’s flagship iPhones — the company stopped including wall chargers and earbuds with the phones back in 2020, reports The Verge. 

Robert E. Braun, a specialist in issues with technology and cybersecurity and a partner at Jeffer Mangels Butler & Mitchell LLP, told Top Class Actions consumers in the U.S. have complained, but to his knowledge, none has gone so far as to file a complaint against Apple. 

“To the extent that this is based on a particular consumer protection provision in Brazilian law. I don’t think they would have the same ability to do that in the U.S.,” Braun said. 

Braun acknowledged that, while a consumer could theoretically make a claim against Apple for not including chargers, the fact no one has is a good indicator it would have trouble succeeding as it did in Brazil. 

No ‘good case’ for holding Apple accountable for not providing power adapters 

“The fact that this has been going on for a couple years and as far as I know people have grumbled but no one has sued Apple about it suggests that maybe there isn’t a really good case,” Braun said. 

Apple is able to get away with not providing a power adapter in the U.S., according to Braun, by openly disclosing the iPhone will not come with one.  

Braun compared Apple’s disclosure policy on power adapters to a product advertising “batteries not included.” 

“I’ve got to give Apple credit where it’s due that they probably look at these things pretty carefully and they publicized it and made clear what you get in the box,” Braun said. 

If a consumer were to bring a claim against Apple, they would likely argue that not providing a power adapter is an unfair and deceptive trade practice, according to Braun, who noted virtually every state — in addition to the Federal Trade Commission — has a relevant law in place. 

A company can be liable for an unfair or deceptive trade practice claim if it is found to have misled its customers about the price, quality, or value of a product or by making false claims about it, among other things. 

Still, Braun says it would likely be tough for a consumer to be successful with an unfair and deceptive trade practice claim. 

“It’s one thing to say whether it’s a clear violation of a statute or a clear violation of a precedent,” Braun said. “But to say that no one’s brought a claim like that, it’s adequately disclosed. I think it would be an uphill battle.”

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