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The Dangers of Cell Phone Radiation. The Right to Know. Don't Put in Your Shirt Pocket - Global Research

Of relevance to the ongoing debate on the health impacts of cell phones. First published on July 10, 2019

A landmark Ninth Circuit Court of Appeals upheld the City of Berkeley's cell phone right to know ordinance rejecting industries argument that the ordinance violates the first amendment.  The Berkeley ordinance requires retailers to inform consumers that cell phones emit radiation and that "if you carry or use your phone in a pants or shirt pocket or tucked into a bra when the phone is ON and connected to a wireless network, you may exceed the federal guidelines for exposure to RF radiation." In upholding this decision, the panel concluded that the public health issues at hand were "substantial" and that the "text of the Berkeley notice was literally true," and "uncontroversial."

Further, the panel determined that the Berkeley ordinance did not constitute preemption.

"Far from conflicting with federal law and policy, the Berkeley ordinance complemented and enforced it."

The panel held that Berkeley's required disclosure simply alerted consumers to the safety disclosures that the Federal Communications Commission required, and directed consumers to federally compelled instructions in their user manuals providing specific information about how to avoid excessive exposure.

Industry is expected to appeal for a full court en banc review, but this reviewing "panel concluded that CTIA had little likelihood of success based on conflict preemption."

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