A consumer group is suing Apple,alleging the iPod nano player is defective because its screen is easily scratched.
It says the company is breaking its product warranty by charging $25 for replacements.
The lawsuit by the Los Angeles-based Foundation for Taxpayer and Consumer Rights claims that under normal use, the pencil-thin nano easily gets scratched to the point where it becomes unusable.
The suit was filed yesterday in San Mateo County Superior Court. It demands that Apple recall or repair the defective products for free, or refund the purchase price to dissatisfied customers. It also asks that Apple add scratching or cracking to its warranty coverage.
Apple spokesman Tom Neumayr declined to comment on pending litigation.