by CHRISTINA TABACCO

Apple, Inc. has been granted summary judgment in a case challenging the tech giant’s flagship iPhone products’ compliance with radiofrequency (RF) radiation regulations. Last week, a San Francisco federal court held that the Federal Communication Commission’s (FCC) RF radiation exposure rules preempted the plaintiffs’ tort and consumer-fraud claims. 

The order found that the agency’s equipment-authorization scheme represented an intentional decision to “establish uniform technical standards embodying a careful balance between safety and efficiency.”

The order explained that, like other smartphones, Apple phones rely on radiofrequency electromagnetic waves to send and receive signals. The oscillation of electrical charges in the phone antennas generate RF radiation. In turn, “the closer to the body the phone remained while in use, the more RF radiation a user would get.” At high levels, RF radiation can cause burns and other injuries. At lower levels, the effects are controverted, but may cause an “increased risk of cancer, cellular stress, structural and functional changes to the reproductive system, learning and memory deficits, genetic damage, and neurological disorders.”

The plaintiffs sought to hold Apple responsible for selling mobile phones that did not comply with FCC RF radiation emission standards. They argued that Apple failed to disclose that using phones would expose users to RF radiation levels greater than the federal limit of 1.6 W/kg, or risks attendant to that exposure. For relief, they requested medical monitoring.

Before considering the parties’ arguments, Judge William Alsup described the case’s extensive procedural history. The plaintiffs, purchasers of nine different iPhone models, filed their first amended and consolidated complaint on Dec. 5, 2019. The complaint relied heavily on a Chicago Tribune story that spurred the FCC to investigate Apple’s compliance.

Read more at: https://lawstreetmedia.com/tech/summary-judgment-ends-consumers-iphone-radiation-suit/

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Global smartphone sales fell by 20.4 percent in Q2 2020 to 295 million as the mobile phone industry continued to be impacted by the Covid-19 pandemic, according to new research from Gartner.

Most major markets, except China, continued to have some form of shelter-in-pace restrictions for most of the quarter, leading to continued falling demand for smartphones. Among the top five vendors, Samsung saw the biggest drop in sales, with Apple iPhone sales almost flat year-on-year. 

Read more at https://www.telecompaper.com/news/global-smartphone-sales-down-20-in-q2-on-continued-covid-19-impact-gartner–1351412?utm_source=headlines_-_english&utm_medium=email&utm_campaign=26-08-2020&utm_content=textlink

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MARIA DINZEO July 23, 2020

SAN FRANCISCO (CN) — The city of Berkeley’s five-year battle with the wireless industry over cellphone-radiation warnings came to a head Thursday before a federal judge, who will decide whether the city’s 2015 ordinance requiring retailers to provide guidance on avoiding radio-frequency exposure is pre-empted by federal law.

The required disclosure states in part: “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 [radio frequency] radiation.”

The disclosure instructs consumers to refer to the user manual for more information. The law also allows retailers to add their own messages to the disclosure.

The Cellular Telephone Industries Association (CTIA), a wireless industry trade group, challenged Berkeley’s ordinance in June 2015. The group claimed the law violates the First Amendment by forcing retailers to spread a misleading, government-crafted message.

The fight is currently unfolding alongside a federal class action in San Francisco over cellphone radiation, where consumers claim Apple failed to warn them certain iPhones exceed the radio-frequency compliance standards set by the Federal Communications Commission.

Read more at: https://www.courthousenews.com/fight-over-berkeley-cellphone-warning-mandate-returns-to-federal-court/?fbclid=IwAR3veE0Ez2xHUfXKy39uNMRyi35vb2UJhXRXiyly_U9wQB9xHAV7FhssD2s

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July 17 2020 by Dennis Sellers

U.S. District Judge William Alsup has ordered Apple to hand over its Federal Communications Commission correspondence to consumers who allege iPhones emit dangerous levels of radiation, after asking Apple during a hearing if it was “afraid” the public would be “horrified” at the information, reports Law360 (a subscription is required to read the entire article).

Read more at: https://www.appleworld.today/blog/2020/7/17/judge-orders-apple-to-make-public-its-fcc-correspondence-regarding-iphone-radiation-levels?fbclid=IwAR0nt9K4Y9cif9p8BS17cD-qOlMmh97iCvRLZc0x_bK0hVjJCJRCNFU9O7Q

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Apple, Google, Tesla and Microsoft are among firms named in a lawsuit seeking damages over deaths and injuries of child miners in the Democratic Republic of Congo.

The case has been filed by the International Rights Advocates on behalf of 14 Congolese families.

They accuse the companies of knowing that cobalt used in their products could be linked to child labour.

DR Congo produces 60% of the world’s supply of cobalt.

The mineral is used to produce lithium-ion batteries used to power electric cars, laptops and smartphones.

However, the extraction process has been beset with concerns of illegal mining, human rights abuses and corruption.

Read more at: https://www.bbc.com/news/world-africa-50812616?ocid=socialflow_twitter#

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We are relaying the press release just published by the law firm FeganScott. We observe with great interest that they now use the term “PhoneGate” in the title of their release.

SAN FRANCISCO–(BUSINESS WIRE)–Dec 6, 2019–

National consumer-rights law firm FeganScott consolidated its two proposed class action suits against Apple (AAPL) and Samsung Electronics (SSNLF) after independent testing from a Federal Communications Commission-accredited laboratory confirmed that radio-frequency (RF) radiation levels from popular Apple and Samsung smartphones far exceeded federal limits when the devices are used as marketed by the manufacturers.

Beth Fegan, managing partner of FeganScott and the attorney representing the consolidated suit, which was filed after the firm hired the industry-recognized lab, says that smartphone manufacturers must take responsibility for misleading consumers about the levels of RF radiation emitted by their smartphones when used against or in close proximity to the user’s skin.

“Apple and Samsung smartphones have changed the way we live. Adults, teenagers and children wake up to check their email or play games and do work or school exercises on their smartphones. They carry these devices in their pockets throughout the day and literally fall asleep with them in their beds,” Fegan said.

“The manufacturers told consumers this was safe, so we knew it was important to test the RF radiation exposure and see if this was true,” Fegan noted. “It is not true. The independent results confirm that RF radiation levels are well over the federal exposure limit, sometimes exceeding it by 500 percent, when phones are used in the way Apple and Samsung encourage us to. Consumers deserve to know the truth.”

The FCC-accredited lab tested six different brand-new smartphone models at various distances, ranging from zero to 10 millimeters to measure the amount of RF radiation released when touching or in close proximity to the body. When tested at two millimeters, the iPhone 8 and Samsung Galaxy S8 were more than twice the federal exposure limit. At zero millimeters, the iPhone 8 was five times more than the federal exposure limit, and the Samsung Galaxy S8 was more than three times the federal exposure limit.

The consolidated suit filed by FeganScott includes a comprehensive list of all named plaintiffs and includes the extensive FCC-accredited lab test results from all the smartphones tested: iPhone 7+, iPhone 8, iPhone XR, Galaxy S8, Galaxy S9, and Galaxy S10.

The test settings reflected the smartphones’ actual use conditions, rather than the conditions set by manufacturers in order to produce results that appear to be safe for consumers.

“Smartphone owners across the country deserve to know that the RF radiation levels from smartphones when touching the skin or used close to the body may be unsafe,” Fegan noted. “The emails and calls from concerned consumers have increased as more research comes to light, and it is our goal to show that Apple and Samsung were aware of the alarmingly high radiation levels when their products arrived on the market.”

According to Pew Research Center, 96 percent of Americans own a cell phone, and of those, 81 percent own a smartphone. Common Sense Media, a nonprofit organization, reports that 29 percent of American teens sleep with their phones in bed with them, which makes the radiation level findings especially alarming.

Filed Thursday in U.S. District Court in the Northern District of California, San Francisco Division, the lawsuit seeks to represent Apple and Samsung smartphone owners. The suit asks the court to order the defendants to pay for medical monitoring and damages.

FeganScott is a nationwide class-action law firm dedicated to helping consumers. The firm’s partners have successfully recovered $1 billion on behalf of consumers and victims nationwide. FeganScott is committed to pursuing successful outcomes with integrity and excellence, while holding unjust parties accountable. To learn more, visit www.feganscott.com.

View source version on businesswire.com: https://www.businesswire.com/news/home/20191206005400/en/

View our page decicated to our international legal actions https://www.phonegatealert.org/en/phonegate-international-collective-actions

https://www.phonegatealert.org/en/feganscott-law-firm-confirms-phonegate-new-fcc-accredited-lab-results-show-apple-and-samsung-smartphone-rf-radiation-levels-exceed-federal-limit?fbclid=IwAR21J5ks90B4tZxlewOvTVyaXXsw4Gp-vXavLk8x_S-TjurZf-gJmZDbUp8

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Source: https://app.box.com/s/ozgcxs9xjq0jy37j532senlgpc2l0prr

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A class action lawsuit accuses Apple and Samsung of marketing and selling phones that emit radiofrequency radiation above legal and safe levels. This is not the first class action lawsuit that the companies have faced over this issue.

The Apple and Samsung radiofrequency class action lawsuit was filed by numerous customers — including Paul Coletti, Krystle Faeryn, Rodolfo Cabrera, Brandy Davis, and others.

The customers claim that Apple and Samsung advertise that their phones can be carried and used close to one’s body for a long period of time.

To support this claim, the customers note that the companies market their phones with phrases such as “your life in your pocket,” “the Internet in your pocket,” or a “studio in your pocket.”

Read more at the link:

Apple Class Action Filed Over iPhone Radiation Scandal

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Radiofrequency radiation exposure from the iPhone 7 — one of the most popular smartphones ever sold — measured over the legal safety limit and more than double what Apple reported to federal regulators from its own testing.

The Chigaco Tribune tested three more brand-new iPhone 7s at full power, and these phones also measured over the exposure limit.

After reviewing the lab reports from the Chicago Tribune’s tests,the FCC said it would take the rare step of conducting its own testing over the next couple of months. “We take seriously any claims on non-compliance with the RF (radiofrequency) exposure standards and will be obtaining and testing the subject phones for compliance with FCC rules,” agency spokesman Neil Grace said.

Sam Roe is a Chicago Tribune journalist who was part of a team of reporters that won the 2008 Pulitzer Prize for Investigative Reporting for an examination of hazardous toys and other children’s products. Roe also has been a Pulitzer Prize finalist four times.

We tested popular cellphones for radiofrequency radiation. Now the FCC is investigating.

Testing cellphones for radiofrequency radiation: How we did it

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