Joseph Birdsong and Bruce Waggoner both purchased iPods manufactured by Apple, Inc. Their iPods came equipped with detachable earbuds. Birdsong and Waggoner sued Apple for, among other claims, breach of the implied warranty of merchantability alleging the iPod was defective because of an unreasonable risk of hearing loss created by the supplied earbuds, which were designed to be placed in consumers’ ears. Birdsong and Waggoner did not allege they or other consumers had suffered hearing loss. Apple included a warning with each iPod regarding the risk of permanent hearing loss. Decide. Explain. See Birdsong v. Apple, Inc., 590 F.3d 955 (9th Cir. 2009).