CTIA Sues Over Berkeley Ordinance on Health Effects of Cellphones

CTIA sued to strike down a Berkeley, California, ordinance that requires retailers to make "unsubstantiated and false statements about the alleged effects of cellphones, which would contradict the findings from independent health and scientific organizations," said the association in a Monday news release. Berkeley's City Council May 26 unanimously adopted an ordinance, Requiring Notice Concerning Radio Frequency Exposure of Cell Phones, No. 7,404-N.S., the filing said. The ordinance says the disclosures and warnings that accompany cellphones generally advise consumers not to wear them against their bodies, but the disclosures and warnings often are buried in fine print and not written in easily understood language, or are accessible only by looking for the information on the device itself, the lawsuit said. The ordinance requires cellphone retailers to give all customers who buy or lease a cellphone a notice that warns of the dangers as follows: "To assure safety, the Federal Government requires that cell phones meet radio frequency (RF) exposure guidelines. If you carry or use your phone in a pants or shirt pocket or tucked into a bra when the phone is ON and connected to a wireless network, you may exceed the federal guidelines for exposure to RF radiation. This potential risk is greater for children. Refer to the instructions in your phone or user manual for information about how to use your phone safely." The FCC has said it's confident the federal government's conservative health and safety standards for cellphones fully protect public health, CTIA said. Leading global health organizations such as the American Cancer Society, National Cancer Institute, World Health Organization and the Food and Drug Administration all concurred that wireless devices are not a public health risk, it said. "Berkeley's Ordinance plainly violates the First Amendment," said CTIA's representing counsel Theodore Olson, of Gibson Dunn. "The ordinance also unlawfully interferes with FCC regulations and contradicts the federal government's determination -- based on extensive scientific evidence -- that cellphones approved for sale in the United States do not pose a public health risk. It is unconstitutional to force cellphone retailers to communicate false, misleading and inflammatory information about their products. It is unfortunate that Berkeley would incite unfounded public anxiety and fear about a product that is so important to its citizens' everyday lives." The association had previously won a fight against San Francisco’s cellphone labeling law (see report in the Sept. 11, 2012, issue). The Berkeley City Council did not have an immediate comment Monday.