IMHO the guy has a point but I don't know if Apple's to blame. I'm convinced that earphones/plugs/headphones will cause hearing loss over time. Particularly when you have to crank the volume on your iPod (or whatever MP3 player) to hear it over background noise.I've totally stopped listening to music over earplugs, etc.
Perhaps this will get some press and other people will become aware of this.
This is akin to the lawsuit that occurred in the US where a woman sued McDonalds because the coffee was too hot and she burnt herself.
The people that do this are bottom-feeders, opportunists ... trying to make a living through lawsuits. They make the human race look stupid as hell.
There will be warnings on everything ... every coffee purveyor on the planet probably has a warning on their coffee cups that reads something like this: "Careful, the beverage you're about to enjoy is extremely hot" - no s**t!