Causal link between mobile phones and brain tumour: a new decision revives the debate

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The recent decision of the Turin Court of Appeals follows in the footstep of various Italian courts’ decisions that have in some way acknowledged the link between cancer and the intense and extensive use of mobile phones.

In this respect, the recent judgments might set a new trend in case-law which could gradually open the gates also for non-professional users to take legal actions against mobile phones manufacturers or sellers. This all the more so considering the forthcoming entry into force (October 2020) of the Italian law introducing a new regime for class actions, which is supposed to simplify the recourse to such collective type of lawsuit.

Against such potential development, it’s worth noting that courts shall still assess causation on a case-by-case basis and the findings of the experts appointed by the Turin Court of Appeals do not per se ground any mobile phone users’ potential claim. For the latter to be upheld, the relevant claimant will need to demonstrate, inter alia, the existence of specific causal link between the use of the device and the relevant disease. Still, mobile phone manufacturers operating in Italy might need to reconsider the warnings included in the users’ instructions manual, so as to include a specific and more detailed warning on the potential health risks.

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