Written By: Ryan McCaughey, PhD.
Just as we predicted in our November 2017 blog post, the CTIA has petitioned the U.S. Supreme Court to block the city of Berkeley’s cellphone “right to know” ordinance.
The law requires that cellphone retailers display the following notification:
“To assure safety, the Federal Government requires that cellphones meet radiofrequency (RF) exposure guidelines. 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 radiation. Refer to the instructions in your phone or user manual for information about how to use your phone safely.”
The CTIA argues that the ordinance infringes the First Amendment rights of cellphone retailers. But in April 2017 the Ninth Circuit Court of Appeals concluded that this statement “did no more than alert consumers" to disclosures already in their user manuals.
All phones come with a warning to keep your phone away from your body. For example, the Samsung Galaxy S8 manual advises: “Body-worn SAR testing has been carried out at a separation distance of 1.5 cm. To meet RF exposure guidelines during body-worn operation, the device should be positioned at least this distance away from the body.”
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