Ninth Circuit Court Upholds Berkeley's "Cell Phone Right to Know" Law

Electromagnetic Radiation Safety, July 2, 2019

Today a Federal appeals court upheld the "cell phone right to know" law adopted by the City of Berkeley in May, 2015.

The Ninth Circuit Court of Appeals affirmed Berkeley's right to require cell phone retailers in the city to notify prospective customers about cell phone manufacturers' safety guidelines to ensure consumer safety. 

The mandatory notification states:

"The City of Berkeley requires that you be provided the following notice: 

“To assure safety, the Federal Government requires that cell phones meet radiofrequency (RF) exposure guidelines. 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. Refer to the instructions in your phone or user manual for information about how to use your phone safely.”

The CTIA--The Wireless Association filed a lawsuit in June, 2015, a month after the law was adopted, to block the ordinance claiming that it violated the Telecom industry's First Amendment rights and that the notification was preempted by Federal law. After the city adopted a minor change in the safety notice, the Federal district court ruled against the industry's request for a preliminary injunction. The law has been in effect in the city since March 21, 2016.

Today on a 2-1 decision, a panel of judges from the Ninth Circuit Court of Appeals issued the following opinion ....

<SNIP>

For a detailed chronology of the ordinance adoption by the City of Berkeley and the ensuing lawsuit filed by the CTIA including a copy of today's ruling go to:

Berkeley Cell Phone "Right to Know" Ordinance or http://bit.ly/Bklycellphone.

Related Post:

Berkeley Cell Phone "Right to Know" Ordinance: Media Coverage

-- 

Joel M. Moskowitz, Ph.D., Director
Center for Family and Community Health
School of Public Health
University of California, Berkeley

Electromagnetic Radiation Safety

Website:          https://www.saferemr.com

Facebook:        https://www.facebook.com/SaferEMR
Twitter:            @berkeleyprc