Supreme Court declines to hear arguments in iPhone radiation lawsuit

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Update:

• The U.S. Supreme Court declined to hear arguments against Apple in a lawsuit that targets the amount of radiation emitted from its iPhones.
• In January, a group of consumers asked the court to reverse a 9th Circuit decision ruling the Federal Communications Commission (FCC) had broad regulatory powers over wireless devices.
• Apple told the court the 9th Circuit panel echoed every other court that stated the FCC’s regulations preempted differing state standards.
• Taking away the FCC’s regulatory power and giving it to individual states would breach Congress’ intent to have a nationwide radiation limits standard, Apple argued.

iPhone radiation regulations class action lawsuit overview:

• Why: The previously dismissed case alleges iPhones’ radiation levels exceed federal regulations.
• Who: A proposed class is attempting to revive its class action lawsuit against Apple.
• Where: The class action lawsuit faces the Court of Appeals for the 9th Circuit.

(Dec. 15, 2021)

A proposed class that is suing Apple for the harmful radiation its iPhones allegedly emit argued to a 9th Circuit panel that its claims are supported by previous U.S. Supreme Court rulings and congressional intent behind relevant communications laws after a lower court ruled that federal regulations preempted their claims. 

The class action lawsuit claims the iPhone exceeds Federal Communications Commission (FCC) regulations. The FCC tests phones at a distance of 5 millimeters while third-party testing still found radiation using smaller distances, according to the complaint. 

In October 2020, U.S. District Judge William Alsup ruled the class action’s complaints fall apart because they are preempted by FCC regulations. Judge Alsup also maintained the FCC’s nationwide regulatory authority and that iPhones do indeed pass muster under FCC regulations. 

In their 9th Circuit arguments, however, the plaintiffs maintain the Communications Act of 1934 and Telecommunications Act of 1996 “make clear that [Congress] did not intend for any state law to be preempted in the context of … regulation for cell phones, and you can see it in a number of different places.”

Further, they argue this interpretation of the laws is supported in at least three rulings by the Supreme Court since 2000. The high court held “safety standards, agency safety standards, regardless of context, operate as regulatory floors, and do not themselves preempt state common law claims that seek to impose a higher standard.”

The 9th Circuit panel comprises District Judges William A. Fletcher, Johnnie B. Rawlinson and John B. Owen.

FCC and Apple weigh in on radiation regulations

While the case was being heard by Judge Alsup, the FCC released a statement saying that the phones do comply with its regulations. Additionally, the commission confirmed its determination that Apple’s existing disclosure requirements adequately informed the American public. 

Apple argued its case to the 9th Circuit panel as well. The company aligns itself with the FCC, which Apple says fears the plaintiff’s claims pose a “fundamental threat to our unified national communications network.”

Apple argued the class action, should it proceed, would undermine the FCC’s regulations and authority, which would open the door for every state to challenge its findings. 

Do you own an iPhone? Do you agree with the FCC that the radiation levels are fair? Let us know in the comments below.

The proposed class is represented by Matthew W.H. Wessler of Gupta Wessler PLLC.

The iPhone radiation regulations class action lawsuit is Cohen, et al. v. Apple Inc., et al., Case No. 20-17307, in the US Court of Appeals for the 9th Circuit. 

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