Samsung’s Galaxy smartphones are currently the target of the Australian Competition and Consumer Commission (ACCC), or rather the adverts for those phones are.

The commission believes that Samsung Galaxy adverts espousing the handset’s water resistance are misleading to the public. In the country, adverts feature surfers breaking through waves and even a gentleman checking his handset underwater.

While these adverts appear audacious, the Galaxy S10+ does carry a IP68 dust/water resistance rating which means you can submerge it in water to a depth of 1.5m for up to 30 minutes.

“The ACCC alleges Samsung’s advertisements falsely and misleadingly represented Galaxy phones would be suitable for use in, or for exposure to, all types of water, including in ocean water and swimming pools, and would not be affected by such exposure to water for the life of the phone, when this was not the case,” ACCC chair, Rod Sims said in a statement.

The chair says that Samsung did not have a reasonable basis on which make these claims adding that it did not do sufficient testing, that liquid other than fresh water would damage the phone and that customers with water damaged phones have been denied repairs under a warranty.

The ACCC is seeking penalties, consumer redress orders, injunctions, declarations, publication orders, an order as to findings of fact, and costs.

Speaking to Business Insider, a spokesperson for Samsung said the firm would defend itself and its product.

“Samsung intends to defend the court proceedings brought by the ACCC. Samsung stands by its marketing and advertising of the water resistancy of its smartphones,” the spokesperson said.

“We are also confident that we provide customers with free-of-charge remedies in a manner consistent with Samsung’s obligations under its manufacturer warranty and the Australian Consumer Law,” the spokesperson added.

Naturally there will be limitations to how water resistant Samsung’s handsets are but given that these limitations are known by the firm we’d think they would outline what folks should and shouldn’t do with their handset.

Of course if Samsung’s warranty information doesn’t cover things like damage by way of salt water, then perhaps it should stop using images of surfers in its marketing material.