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A smiling woman talks on an iPhone while lying on her stomach in bed - iPhone radiation

An iPhone radiation class action lawsuit was recently tossed by a California court after the judge found that the issue was pre-empted by Federal Communications Commission (FCC) regulations.

According to U.S. District Judge William Alsup, the FCC regulates radiation from phones such as iPhones by establishing a nationwide standard. Through this standard, the agency helps ensure products can attain both efficiency and safety.

If the plaintiffs’ claims were allowed to move forward, Judge Alsup argued, this tenuous balance could be disrupted.

“The equipment-authorization regime represents a ‘deliberate choice’ to establish uniform technical standards embodying a careful balance between safety and efficiency,” Judge Alsup wrote in his dismissal order.

“If successful, plaintiffs’ claims could set the stage for a patchwork of state-required testing procedures, increasing the burden on manufacturers and thereby upsetting the efficiency that the uniform standards and testing procedures provide.”

Plaintiffs in the iPhone radiation class action lawsuit contend the radiation from iPhones exceeds the standards set by the FCC for consumer safety. The consumers also brought claims against Samsung, challenging the radiation levels of that manufacturer’s phones, as well.

“In fact, Defendants market and sell some of the most popular smartphones in the world — including Apple’s iPhones and Samsung’s Galaxy phones — as emitting less RF radiation than that set by law and as being completely safe to carry and use on or in close proximity to the human body,” the iPhone radiation class action lawsuit alleges.

The FCC adopted the National Council on Radiation Protection and Measurements (NCRP) recommendations for cell phone radiation in 1996. Currently, the agency’s limits are 1.6 watts per kilogram of tissue for devices which operate at frequencies from 300 kHz to 100 GHz — a wide range covering electronics such as cellphones.

In November 2019, the FCC voted to review the agency’s implementation of the National Environmental Policy Act (NEPA) and regulations stemming from this act.

According to the plaintiffs, third-party testing of these devices exceeded FCC standards by 500%. Specifically, the iPhone 7 tested showed the device emits up to 7.15 watts of radiation per kilogram. The plaintiffs allege these high radiation rates could potentially pose a serious risk for millions of people who use iPhone devices.

A graphic of radiation affecting the brain of a cellphone user - iPhone radiation

The iPhone radiation class action lawsuit notes several health problems could arise from overexposure to RF radiation, including “increased cancer risk, cellular stress, increase in harmful free radicals, genetic damages, structural and functional changes of the reproductive system, learning and memory deficits, neurological disorders, and negative impacts on general well-being in humans.”

However, in Judge Alsup’s dismissal motion, he noted the FCC later retested the phones at issue — including store bought models and models provided directly by Apple — and found the phones’ radiation levels did not exceed the agency’s limits.

According to Judge Alsup, these newer testing results changed the game for the plaintiffs’ claims. Since the FCC found the devices do in fact comply with its regulations, the court determined allowing the claims to go forward would challenge the FCC’s procedures under state law.

In their claims, the plaintiffs had alleged the FCC’s ability to pre-empt state law was curtailed by a 1996 amendment to the federal Communication Act. However, Judge Alsup rejected this argument.

The judge found the amendment instead maintains the FCC’s pre-emption authority while only limiting the agency to not overstep into other regulations covered by different authorities. He also noted the amendment removed the FCC’s pre-emption authority when it comes to wireless service facilities on state land, though this regulation is not at issue in the iPhone radiation class action lawsuit.

After coming to these conclusions, Judge Alsup found the FCC is within its authority to maintain its phone radiation regulations and, as such, the plaintiffs’ claims cannot move forward.

Judge Alsup granted Apple’s motion for summary judgement after denying plaintiff claims as moot.

The plaintiffs’ attorney told Law360 they plan to appeal this decision. During the appeals process, an appellate court may review Judge Alsup’s ruling and either reverse or uphold the judge’s determination.

Do you own an iPhone? Are you worried about iPhone radiation? Share your thoughts with us in the comment section below.

Plaintiffs and the proposed Class are represented by Elizabeth A. Fegan and Jessica H. Meeder of Fegan Scott LLC and Jennie Lee Anderson of Andrus Anderson LLP.

The iPhone Radiation Class Action Lawsuit is Cohen, et al. v. Apple Inc., et al., Case No. 3:19-cv-05322, in the U.S. District Court for the Northern District of California.

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7 thoughts onCalifornia Judge Tosses iPhone Radiation Class Action Lawsuit

  1. Karen says:

    Add me. I bought a tester unit. The iPhone exceeds safe limits but the smart meter if off the charts!

  2. Maggie Hubbard says:

    Add me please.

  3. Angela jackson says:

    Add me please,yes also experience radiation from my cell phone also gets real hot.

  4. carmen silvia marcon garmendia de borba says:

    Add me please, I have an iPhone and I am very worried about the radiation.

  5. Yelena says:

    I used Samsung S8 until recently. I still have it, but not using it. I don’t feel like selling it, either, because I feel like I will have to disclose the information I know about it to the seller and I know nobody will buy a phone that causes harm. It emits so much radiation, that you can literally feel it in your chest. In many occasions I would call my son to show some info on my phone and he literally jumped back because he felt the wave shocking his chest. My eyes were always irritated after being on the phone, even with the “blue light filter” on my eyes were so irritated they physically used to hurt. If I knew where I could get it tested for radiofrequency radiation I would, I know for sure it emits too much radiation. If I carry it in my back pocket, in a very short time my hole side would be sore, and I would start limping, or if I carry it in my front pocket that whole part would start bothering me. If someone doesn’t believe me, I can let them do the experiment. I was always confident, that one day there will be a class action against Galaxy S8, because, when I started getting symptoms, I went online to see if I was the only one with this kind of problem, I thought maybe I have a defective device, but I found some info, that was stating that S8 was emitting 22 times more radiation than allowed.

  6. Merlita Felipe says:

    Please add me.

  7. LISA HAWKINS says:

    Add me please

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