Two advocacy groups are backing the city of San Francisco’s bid to enact an ordinance that would require mobile phone retailers to provide consumers with information detailing the potential dangers of cell phone radiation. Both the Environmental Working Group and Public Citizen have filed a brief with the Ninth Circuit Court of Appeals in support of San Francisco’s petition for a rehearing in front of the entire court, after a three-judge panel ruled the cell radiation ordinance unconstitutional.

San Francisco adopted the ordinance in 2010, amidst increasing concerns that exposure to cell phone radiation may increase the risk for a myriad of serious health problems, including brain cancer and brain tumors. The law requires cell phone retailers to provide customers with a one-page fact sheet that discloses basic information about potential risks from cell phone radiation and ways to reduce exposure.

Passage of the ordinance immediately sparked a legal battle with the CTIA-The Wireless Association, the cell phone industry’s leading trade group, which argued it violated the First Amendment and was preempted by federal law. In September, a three-judge panel of the Ninth Circuit ruled that because the side effects of cell phone radiation are not fully known, the government could not compel companies to make disclosures about potential safety issues. In a brief filed with the Ninth Circuit last month in support of San Francisco’s bid for a rehearing in front of the entire 11-member court, the Environmental Working Group and Public Citizen asserted that the current ruling threatens the authority of federal, state and local governments to protect consumers’ health and safety through mandatory product disclosures.

Concerns about the effects of cell phone radiation have been growing since the World Health Organization reclassified cell phones as a possibly cancer causing agent in May 2011. Numerous studies have found a link between cell phone radiation and certain types of brain tumors, including glioma, acoustic neuroma, and meningioma. In July, American pediatricians called for a review of cell phone radiation in children, who may be at increased risk for the ill effects of cell phone radiation because of their less developed skulls.

In the U.S., the Federal Communications Commission (FCC) is charged with establishing cell phone radiation standards, but it has not reassessed those standards since 1996. In August, the Government Accountability Office (GAO) called for an overhaul of the FCC’s current cell phone radiation standards, finding them outdated compared to many other international standards. Among other things, the GAO said the standards don’t reflect modern technology and recent research on the effects of cell phone radiation. In addition, the FCC may not be accounting for maximum radiation exposure. The FCC did submit a proposal to review its aged cell phone radiation standards in June 2012.

If you or a loved one suffered a brain tumor or brain cancer that might be linked to heavy cell phone use, you may be entitled to file a cell phone radiation lawsuit seeking compensation for your pain and suffering. The cell phone radiation lawyers at our firm are currently investigating lawsuits filed by individuals who suffered cell phone radiation and developed certain types of brain tumors. To learn more, call (877) 779-1414.

Published November 7, 2012 by