CTIA: Berkeley RF Disclosure Law Sends Misleading, Controversial Message

Berkeley “may convey whatever unfounded, anti-science message about cell phones it wishes, based on its own opinion of scientific studies, but it may not conscript CTIA’s members into delivering that message for it,” CTIA said in a reply brief (in Pacer) last week at the 9th U.S. Circuit Court of Appeals. The California city last month argued that the Supreme Court exempted health and safety warnings and factual, uncontroversial disclosures about commercial products when the high court rejected a California disclosure law in National Institute of Family and Life Advocates v. Becerra (see 1808170019). Berkeley changed its justification for the law during the case, recently recasting it as a health and safety warning to “evade … heightened scrutiny” under the NIFLA decision, CTIA said. “No matter the type of interest at issue, government is never entitled to mandate a misleading message.” Berkeley's "message is misleading and controversial" because it invokes the FCC’s authority to frighten consumers" even though the commission says any cellphone legally sold in the U.S. is safe, the wireless association said.