San Francisco Can No Longer Warn Cell Phone Customers About Radiation Hazards
May 9, 2013 11:26 AM
comment(s) - last by
The city Board of Supervisors voted in favor of a settlement on Tuesday
The city of San Francisco has lost the right to
place warnings about cell phone radiation
levels in its retail stores.
San Francisco was the first U.S. city to pass an ordinance that required retailers to warn consumers about cell phone radiation before they made the purchase. However, the city lost a court battle with the Cellular Telecommunications Industry Association (CTIA) -- which is comprised of companies like AT&T, Verizon, Samsung and Apple -- and will now lift the ordinance from city retailers.
The city Board of Supervisors voted in favor of a settlement on Tuesday, where San Francisco agrees to drop the ordinance. In exchange, the CTIA will waive its claims for attorney fees that would have amounted to about $500,000.
"I am for pushing the envelope on something as important as this, but I think the legal reality is such that if we do not approve this settlement, we're talking about having to pay half a million in legal fees," Supervisor David Campos said. "It's a very tough situation, but the last thing I want is to have the general fund give half a million dollars to lawyers in this case."
The ordinance went into effect in 2011, where retailers had to tell customers that gadgets like cell phones emit potentially cancer-causing radiation. The city even wanted to post that the World Health Organization (WHO) deemed cell phones
but a judge blocked this part of the ordinance, since WHO said more research was needed to back that claim.
The CTIA filed a lawsuit against the city, saying that the ordinance violated the industry's First Amendment rights.
A ruling in the 9th U.S. Circuit Court of Appeals last year said that San Francisco had to prove that scientists agreed with its claims about cell phone radiation. It also had to prove that the FCC no longer believed they were safe for consumers to use.
San Francisco decided to take a settlement offer in the end with the CTIA.
This article is over a month old, voting and posting comments is disabled
RE: First amendment rights?
5/10/2013 4:39:36 PM
Depends how long they want to stay in business. Merchants usually have strict implied warranties of merchantability which means the product will reasonably conform to a buyer's standards and it is suitable for sale.
And why on earth would a seller want to tell their consumer that the product they want to move out of inventory can cause cancer?
"I'd be pissed too, but you didn't have to go all Minority Report on his ass!" -- Jon Stewart on police raiding Gizmodo editor Jason Chen's home
WHO Labels Cell Phone Radiation as a Possible Carcinogenic Hazard
May 31, 2011, 7:03 PM
San Francisco is First U.S. City to Pass Cell Phone Radiation Law
June 17, 2010, 7:00 AM
Reports: Snapchat is Now Worth $10B, Cofounders are Billionaires to Be
August 27, 2014, 9:30 AM
Tim Cook Says iPad Sales Have Merely Hit a Temporary “Speed Bump”
August 27, 2014, 9:16 AM
ZOTAC Announces Diminutive ZBOX PI320 pico
August 27, 2014, 9:00 AM
Verizon Wireless' VoLTE Service Tiptoes Closer to Launch
August 26, 2014, 3:21 PM
5.5” LG G3 Stylus to Make Its Debut at IFA 2014, Will Feature Budget Specs/Pricing
August 26, 2014, 9:00 AM
HTC Desire 820 to Set New High Bar for Mid-Range With Snapdragon 615
August 25, 2014, 3:07 PM
Most Popular Articles
New Photos Show “Assembled” iPhone 6, Protruding Camera Ring
August 20, 2014, 2:32 PM
Leaked Qualcomm Roadmap: 20 nm 64-bit Octacore Smartphone SoCs Cometh
August 20, 2014, 11:38 AM
Microsoft's Surface 2 Tablet Family Gets a $100 Price Cut
August 25, 2014, 1:16 AM
Report: Microsoft to Announce Windows 9 on September 30
August 21, 2014, 11:20 AM
From HULC to FORTIS: the Evolution of Lockheed Martin's Incredible Exosuit
August 22, 2014, 12:45 PM
Latest Blog Posts
Space Terrorism is a Looming Threat For the United States
Apr 23, 2014, 7:47 PM
Facebook Aims to Provide Internet to "Every Person in the World" with Drones, Satellites
Apr 1, 2014, 10:20 AM
Retail Mobile Sites Experience Outages in Light of Simplexity's Bankruptcy
Mar 14, 2014, 8:48 AM
Tesla vs. BMW: Who Has the Safer EV?
Feb 1, 2014, 2:56 PM
Justice Leaks Details of Next HTC One Two Flagship Phone
Dec 5, 2013, 4:04 PM
More Blog Posts
Copyright 2014 DailyTech LLC. -
Terms, Conditions & Privacy Information