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?
5/11/2013 8:56:34 PM
Every cell phone manual has consumers warnings hidden in the legal fine print that caution against using a cell phone against the body. Doing so will expose the user to microwave radiation that exceeds the FCC exposure limit. The 2012 GAO report verified this and stated that the FCC's 17 year old standards are outdated and need to be re-assessed.
It is not a 1st amendment violation to mandate that a cell phone retailer tells their customers about safety information hidden in the user manual that no one reads. But, somehow, the inexperienced and outgunned City Attorney failed to effectively argue this point to the Court.
The World Health Organization has reviewed all the science to date and declared that cell phone radiation IS a possible carcinogen due to an increased risk of developing a brain tumor on the same side of the head the phone is typically held. The science is clear now about this - the industry can spin this and make statements that aren't true - but, the facts speak for themselves.
A recent study of brain tumor rates in California determined that brain tumors are increasing in the areas of the brain closest to where a cell phone is held (Zada et al, 2012)
Another FACT (according to court documents) is that the City currently owes zero dollars in attorney fees to the cell phone industry. The City Attorney posed a hypothetical amount of $500,000 IF the city appealed and went to the Supreme Court - and IF they then subsequently lost.
But, money talks. AT&T, Verizon, Apple, etc. own San Francisco - they pressured the Mayor to do whatever it takes to drop the case - and they got their way.
"Folks that want porn can buy an Android phone." -- Steve Jobs
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
eBay to Spin Off PayPal Business Next Year
September 30, 2014, 7:28 AM
HP Adds $99 Windows Tablet, $199 Windows Notebook to Stream Family
September 29, 2014, 7:17 PM
Following Quirky Passport, BlackBerry Aims to Release One Unconventional Device Per Year
September 29, 2014, 6:45 PM
New Optical Cloak is so Beautifully Simple You Can Build Them at Home
September 29, 2014, 5:10 PM
Samsung Galaxy Note 4 Owners Report Gaps Between Screen, Body
September 29, 2014, 3:40 PM
GoPro Introduces Three New "Hero" Cameras
September 29, 2014, 10:08 AM
Most Popular Articles
Appalling Negligence: Decade-Old Windows XPe Holes Led to Home Depot Hack
September 8, 2014, 8:58 PM
iBend: Reports Grow of Razor-Thin iPhone 6+ Folding Like Origami in Your Pocket
September 23, 2014, 6:08 PM
New AT&T Mobile Share Value "Double Data" Promotion Lasts Through October
September 28, 2014, 8:32 AM
Update: Apple Releases iOS 8.0.2 Update to Make Up for Botched 8.0.1 Release
September 25, 2014, 8:19 PM
FBI Outraged That Apple, Google are Adopting Digital "Locks" to Protect Users
September 26, 2014, 1:00 PM
Latest Blog Posts
The Surface Mini That Was Never Released Gets "Hands On" Treatment
Sep 26, 2014, 8:22 AM
ISIS Imposes Ban on Teaching Evolution in Iraq
Sep 17, 2014, 5:22 PM
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
More Blog Posts
Copyright 2014 DailyTech LLC. -
Terms, Conditions & Privacy Information