In Birdsong v. Apple, Inc. (9th Cir. 2009) 590 F.3d 955, the Ninth Circuit held that a plaintiff did not have standing under the UCL to pursue a claim against Apple for manufacturing iPods in a way that could cause hearing loss, because there was no actual and imminent harm; plaintiffs did not show that they or any of the other 100 million iPod users had actually suffered or were substantially certain to suffer hearing loss from the device. (Birdsong, supra, 590 F.3d 955 at p. 961.) In Birdsong, Apple's warning defeated standing because the iPod warning told users how to avoid the very risk alleged as injury. (Ibid.)