It’s apparent now that Apple’s lastest fix for the iPhone 4s’ battery issues didn’t fix, but exasperated the issue. But beyond this fix Apple may be in legal hot water over it’s claims of up to 200 hours standby time.

According to my testing with 10 iPhone 4s’s averaged about 12-14 hours of standby time. Apple hasn’t reponded for comment, but I spoke to an attorney who specializes in deceptive product claims and he tells me that this may pose a problem for Apple if someone or a class of persons decided to sue Apple over the false claims.

“This is a severe case of false product performance claims. Worst I’ve seen in a while.” He said.

He continued, “Of course Apple will say that they claimed the iPhone 4s would get UP TO 200 hours, and that depending on usage the actual number may be lower, but no jury hearing such a case is going to buy that argument when the actual time is closer to 14 hours.”

Apple’s head in the sand approach to defective products has long been the bane of them with consumers. Fact is that Apple usually doesn’t admit to an issue until litigation is brought forward, or that there is enough bad press to force them to.

If Apple’s Support Community threads are any indication, something is about teach them yet again that they need to properly advises the REAL and not wished for capabilities of their products.