Apple, Samsung Falsely Market Their Phones as RF Exposure-Safe, Alleges Complaint

Apple and Samsung fraudulently market their smartphones “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,” alleged a complaint (in Pacer) in U.S. District Court in San Jose Friday seeking class-action status. “Recent testing” found that the “potential exposure for an owner carrying the phone in a pants or shirt pocket was over the exposure limit, sometimes far exceeding it -- in some instances by 500 percent,” it said. The complaint relies on tests the FCC-accredited RF Exposure Lab did on 12 smartphone models for the Chicago Tribune in the past year. The iPhone X and iPhone 8 emitted RF radiation “above the federal limit of 1.6W/kg,” it said. “When tested at 2 millimeters, the Samsung Galaxy S8 exceeded the federal limit by more than 500 percent.” The Tribune published results Aug. 21, reporting the FCC was investigating. Apple and Samsung “have failed to take steps to prevent this excessive RF radiation exposure” or to warn the public, the complaint said: The companies are guilty of negligence, breach of warranty, consumer fraud and unjust enrichment. Plaintiffs seek “actual damages, the costs of medical monitoring, restitution and injunctive relief.” Apple and Samsung didn’t respond to emails. Also Monday, an FCC spokesperson declined comment.