Apple, Samsung Class Action Says Phones Emit Radiation

UPDATE: On Oct. 29, 2020, the iPhone radiation class action lawsuit was tossed by a California court after the judge found that the issue was pre-empted by Federal Communications Commission (FCC) regulations.

A class action lawsuit has been filed against Apple and Samsung from consumers who claim that iPhones and Galaxy smartphones emit more radiation than is allowable by law.

Eleven plaintiffs allege that the cellphones exceed the maximum limit allowed for radiofrequency (RF) radiation exposure.

“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 Apple class action lawsuit alleges.

The plaintiffs say the cellphones were recently tested and it was determined that the possible radiation exposure was more than the limits imposed by the Federal Communications Commission, sometimes exceeding it by 500 percent.

For example, the FCC states that consumers should not be exposed to “more than 1.6 watts per kilogram averaged over one gram of tissue,” but testing found that the iPhone 7 emits up to 7.15 watts per kilogram and Galaxy S8’s emit 8.22 watts per kilogram.

In addition, the Apple, Samsung class action lawsuit states that scientific publications have presented evidence that RF radiation exposure has an effect on living creatures below international and national guidelines.

“Effects include 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,” the Samsung class action lawsuit states.

The plaintiffs allege that Apple and Samsung market their cellphones on the premise that the devices can always be close to their bodies, such as in a pocket or while holding them in their hands.

As an example, one commercial from Samsung displays a pregnant woman touching the cellphone to her stomach to take a sonogram of her child. Another commercial shows a child who has placed a cellphone in his backpack.

The Apple iPhone class action lawsuit alleges that cellphones use radio waves to communicate with each other using base stations or cell towers. The Samsung class action also states that these radio waves are a manifestation of electromagnetic radiation.

“The public relations position from cell phone manufacturers, including Defendants, is that this kind of radiation, also known as radio frequency (RF) exposure, is not the same as ionizing radiation, such as gamma rays and X-rays, which can strip electrons from atoms and cause serious biological harm, including cancer,” the Apple, Samsung class action lawsuit states.

The plaintiffs say that, in 2015, more than 150 scientists sent an urgent request to the United Nations and the World Health Organization asking for more stringent RF exposure guidelines, including educating the public about the risks of RF exposure. They particularly aimed their appeal towards children and fetal development.

The Apple class action complaint also alleges that past models of the iPhone had a warning for users to carry their devices at least 10mm away from their body. However, later models did not have such advice to consumers.

The Samsung marketing material for their devices “implies” that carrying or wearing their cellphones close to the body is safe.

The putative Apple Class Members include: “All persons who purchased an iPhone 7, 8, or X for personal or household use in the United States.” 

The possible Samsung Class Members include: “All persons who purchased a Samsung Galaxy S8, S9, or J3 for personal or household use in the United States.”

The plaintiffs are represented by Jennie Lee Anderson of Andrus Anderson LLP, Elizabeth A. Fegan and Timothy A. Scott of Fegan Scott LLC and J. Barton Goplerud of Schindler Anderson Goplerud & Weese PC.

The Apple, Samsung Smartphone Radiation Class Action is Andrew 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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