by Meris Michaels, 4 September 2020
French national agency conducts SAR tests on cell phones in contact with the body
In July 2016, a scientific report was published by the French National Agency for Food, Environmental and Occupational Health and Safety (ANSES), entitled, “Exposure to Radiofrequencies and Child Health”. The ANSES Report highlighted the results of the French National Frequencies Agency (ANFR) 2015 measurement tests of 95 mobile phones tested in body contact positions – meaning, with no separation distance. ANSES announced that 9 out of 10 mobile phones tested in contact with the skin exceeded the regulatory threshold of 2 W/kg, some of them more than three times.
Upon discovery of this information, French physician Dr. Marc Arazi and now the Phonegate Alert Association, took legal action to get ANFR to make public, in June 2017 and March 2018, data concerning the SAR tests carried out in contact with the body on 454 cell phones. The tests revealed that 9 out of 10 cell phones checked in 2015 and 20% of phones tested in France in the first half of 2018 exceed the SAR trunk value. These results were kept secret from consumers. The test results of some phones were as high as more than 20 times the manufacturer’s previously reported SAR levels. Phonegate Alert is continuing its legal actions to obtain the publication of new data. 1
The phones tested by ANFR are among the most popular brands used by consumers.
25 cell phone models updated or withdrawn from the market
Due to the pressure of actions taken by the Phonegate Alert Association, since April 2018, 25 cell phone models have been withdrawn from the market or updated for exceeding the SAR regulatory threshold. Five mobile phones were withdrawn, including the Hapi 30 (affecting nearly 100,000 consumers in France), 18 others updated and two prohibited from being placed on the market and put into service by French ministerial decree. Two Xiaomi mobile phones and seven Nokia phones are the subject of criminal complaints/class actions in France. Two mobile phone companies were fined €7,500 for not having put an end to non-compliance within the time limit set by the formal notice from ANFR.
In a press release published on 25 July 2019, the French National Frequencies Agency (ANFR) announced the withdrawal of two new smartphones marketed by the Malaysian company LEAGOO INTELLIGENCE CO. and by the Romanian company S.C. VISUAL FAN SRL. The test controls revealed that the SAR trunk value exceeded the regulatory limit. A ministerial decree of 12 July 2019, published in the “Journal officiel de la République française” on 20 July 2019, now prohibits the placing on the market and putting into service of these two phones. This is the first time such a procedure has been used.
ANFR had given notice to the two companies to take all necessary measures to put an end to the non-compliance of these devices. In the absence of a response from the companies, ANFR decided to proceed with the withdrawal and recall of these two phones from the market.
On 4 October 2019, ANFR announced the withdrawal from the market and the recall of the ECHO Horizon Lite phone following test measures on the SAR “trunk” which revealed that the authorized regulatory limit had been exceeded. ANFR also sanctioned the French distribution company MODELABS MOBILES, which markets this model, with an administrative fine of €7,500 for not putting an end to the non-conformity within the time limit set by the formal notice. The SAR “trunk” value of the Echo Horizon Lite was measured at 2.38 W/kg in May 2018 and at a higher level of 2.84 W/kg after ANFR requested the update of this phone.
On 20 May 2020 ANFR announced the withdrawal of a top-of the line gaming smartphone, Razer Phone 2. Priced between 800 and 900 euros, it was marketed worldwide by the California firm Razer in 2018. During measurement controls at 5 mm from the skin, its SAR trunk level reached 3.29 W/kg.
On 30 July 2020, the Xiaomi Mi Note 10 was found by ANFR to exceed the SAR limit value. It is the fourth smartphone from the Chinese manufacturer Xiaomi to be pinned in France by ANFR.
The latest mobile phone update (25 August 2020) concerns the Nokia 7 Plus. The test conducted at the maximum distance of 5 mm revealed a SAR trunk of 3.58 W/kg, nearly twice the legal limit value. ANFR notified the company HMD GLOBAL OY, responsible for placing this phone on the market, requesting it to take all appropriate measures to put an end to the non-compliance of the phone. HMD GLOBAL OY decided to reduce the power of its terminal via a first update. However, ANFR's control of this corrective measure revealed a persistence of non-compliance (SAR trunk value of 2.12 W/kg). The company HMD GLOBAL OY therefore proceeded to further reduce the power of its terminals via a second update, which made the SAR trunk compliant with the regulatory limit of 2 W / kg. ANFR pronounced an administrative fine of €7,500 against the company as it had not put an end to the non-conformity within the time limit set by the formal notice. 2
Since the transposition into French law of the European Radio Equipment Directive (RED) in June 2017 establishing a regulatory framework for placing radio equipment on the market, ANFR can impose administrative sanctions in the event of devices exceeding the SAR threshold including administrative fines (€7,500 for a legal entity), requests for withdrawal from the market and recall of devices already purchased.
Legal actions filed against Xiaomi and HMD GLOBAL OY (Nokia) in France
A number of the Xiaomi and Nokia models tested and shown to exceed the legal limit value are the subject of class actions/criminal complaints in France.
The French law firm Beaubourg avocats represented by attorney Elias Bourran filed a class action suit against the Chinese smartphone manufacturer Xiaomi with the Paris Public Prosecutor’s Office on 17 July 2020. The suit was filed on behalf of 60 plaintiffs, who had purchased and used either the Xiaomi Redmi Note 5 or the Mi Mix 2S. In April 2019, Phonegate Alert had filed a criminal complaint against Xiaomi.
Based on the official German database published by the Bundesamt für Strahlenschutz ((BFS) Federal Office for Radiation Protection), Phonegate Alert has listed the SARs declared by the manufacturer Xiaomi for 50 different models that the company also markets in Germany. Although appearing to be “compliant” with the regulations, Phonegate Alert found that 23 of the 50 Xiaomi smartphone models had particularly high levels of both declared and uncontrolled SARs. 18 of these concern the SAR “body” with levels between 1.4 and 1.7 W/kg, 9 of the SAR “head” with levels between 1.2 and 1.75 W/kg and four, both the SAR body and head.
Since then, Phonegate Alert has been constantly informing the French ministries concerned (Health, Ecological Transition, Economy), as well as the authority responsible for fraud repression (DGCCRF) and has asked them, without success, to launch a systematic control of all Xiaomi smartphones sold in France. 3
Seven Nokia mobile phones (models 1 / 2.1 / 3 / 3.1 / 5 / 5.1 / 6.1) are now the subject of a criminal complaint filed before the Prosecutor’s Office of Lyon.
On 11 June 2019 Phonegate Alert filed a criminal complaint and class action against HMD GLOBAL OY (NOKIA) involving the owners and users of NOKIA mobile phone models: 1 / 2.1 / 3 / 3.1 / 5 / 5.1. In July 2019, the Nokia 6.1 was added to the legal action.
Two phones concerned the exceeding of the regulatory limit of the SAR “trunk”: Nokia 3, Nokia 5 and five phones, non-compliance with the SAR measurement at 5mm: Nokia 1, Nokia 2.1, Nokia 3.1, Nokia 5.1, Nokia 6.1.
Furthermore, the Finnish company did not comply with the obligation to provide information in its manuals on mention of the SAR and the measuring distance.
Phonegate Alert recommends that all Nokia brand owners be particularly vigilant, store their mobile phones in a location as far away from the body as possible (avoid, for example, storage in a trouser pocket) and do not hold them near the ear. 4, 5
In July 2016, a scientific report was published by the French National Agency for Food, Environmental and Occupational Health and Safety (ANSES), entitled, “Exposure to Radiofrequencies and Child Health”. The ANSES Report highlighted the results of the French National Frequencies Agency (ANFR) 2015 measurement tests of 95 mobile phones tested in body contact positions – meaning, with no separation distance. ANSES announced that 9 out of 10 mobile phones tested in contact with the skin exceeded the regulatory threshold of 2 W/kg, some of them more than three times.
Upon discovery of this information, French physician Dr. Marc Arazi and now the Phonegate Alert Association, took legal action to get ANFR to make public, in June 2017 and March 2018, data concerning the SAR tests carried out in contact with the body on 454 cell phones. The tests revealed that 9 out of 10 cell phones checked in 2015 and 20% of phones tested in France in the first half of 2018 exceed the SAR trunk value. These results were kept secret from consumers. The test results of some phones were as high as more than 20 times the manufacturer’s previously reported SAR levels. Phonegate Alert is continuing its legal actions to obtain the publication of new data. 1
The phones tested by ANFR are among the most popular brands used by consumers.
25 cell phone models updated or withdrawn from the market
Due to the pressure of actions taken by the Phonegate Alert Association, since April 2018, 25 cell phone models have been withdrawn from the market or updated for exceeding the SAR regulatory threshold. Five mobile phones were withdrawn, including the Hapi 30 (affecting nearly 100,000 consumers in France), 18 others updated and two prohibited from being placed on the market and put into service by French ministerial decree. Two Xiaomi mobile phones and seven Nokia phones are the subject of criminal complaints/class actions in France. Two mobile phone companies were fined €7,500 for not having put an end to non-compliance within the time limit set by the formal notice from ANFR.
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Withdrawal and ban on placing on market and putting into service of mobile phones by French Ministerial decree
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| Update: 28 Aug. 2020 |
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In a press release published on 25 July 2019, the French National Frequencies Agency (ANFR) announced the withdrawal of two new smartphones marketed by the Malaysian company LEAGOO INTELLIGENCE CO. and by the Romanian company S.C. VISUAL FAN SRL. The test controls revealed that the SAR trunk value exceeded the regulatory limit. A ministerial decree of 12 July 2019, published in the “Journal officiel de la République française” on 20 July 2019, now prohibits the placing on the market and putting into service of these two phones. This is the first time such a procedure has been used.
ANFR had given notice to the two companies to take all necessary measures to put an end to the non-compliance of these devices. In the absence of a response from the companies, ANFR decided to proceed with the withdrawal and recall of these two phones from the market.
On 4 October 2019, ANFR announced the withdrawal from the market and the recall of the ECHO Horizon Lite phone following test measures on the SAR “trunk” which revealed that the authorized regulatory limit had been exceeded. ANFR also sanctioned the French distribution company MODELABS MOBILES, which markets this model, with an administrative fine of €7,500 for not putting an end to the non-conformity within the time limit set by the formal notice. The SAR “trunk” value of the Echo Horizon Lite was measured at 2.38 W/kg in May 2018 and at a higher level of 2.84 W/kg after ANFR requested the update of this phone.
On 20 May 2020 ANFR announced the withdrawal of a top-of the line gaming smartphone, Razer Phone 2. Priced between 800 and 900 euros, it was marketed worldwide by the California firm Razer in 2018. During measurement controls at 5 mm from the skin, its SAR trunk level reached 3.29 W/kg.
On 30 July 2020, the Xiaomi Mi Note 10 was found by ANFR to exceed the SAR limit value. It is the fourth smartphone from the Chinese manufacturer Xiaomi to be pinned in France by ANFR.
The latest mobile phone update (25 August 2020) concerns the Nokia 7 Plus. The test conducted at the maximum distance of 5 mm revealed a SAR trunk of 3.58 W/kg, nearly twice the legal limit value. ANFR notified the company HMD GLOBAL OY, responsible for placing this phone on the market, requesting it to take all appropriate measures to put an end to the non-compliance of the phone. HMD GLOBAL OY decided to reduce the power of its terminal via a first update. However, ANFR's control of this corrective measure revealed a persistence of non-compliance (SAR trunk value of 2.12 W/kg). The company HMD GLOBAL OY therefore proceeded to further reduce the power of its terminals via a second update, which made the SAR trunk compliant with the regulatory limit of 2 W / kg. ANFR pronounced an administrative fine of €7,500 against the company as it had not put an end to the non-conformity within the time limit set by the formal notice. 2
Since the transposition into French law of the European Radio Equipment Directive (RED) in June 2017 establishing a regulatory framework for placing radio equipment on the market, ANFR can impose administrative sanctions in the event of devices exceeding the SAR threshold including administrative fines (€7,500 for a legal entity), requests for withdrawal from the market and recall of devices already purchased.
Legal actions filed against Xiaomi and HMD GLOBAL OY (Nokia) in France
A number of the Xiaomi and Nokia models tested and shown to exceed the legal limit value are the subject of class actions/criminal complaints in France.
The French law firm Beaubourg avocats represented by attorney Elias Bourran filed a class action suit against the Chinese smartphone manufacturer Xiaomi with the Paris Public Prosecutor’s Office on 17 July 2020. The suit was filed on behalf of 60 plaintiffs, who had purchased and used either the Xiaomi Redmi Note 5 or the Mi Mix 2S. In April 2019, Phonegate Alert had filed a criminal complaint against Xiaomi.
Based on the official German database published by the Bundesamt für Strahlenschutz ((BFS) Federal Office for Radiation Protection), Phonegate Alert has listed the SARs declared by the manufacturer Xiaomi for 50 different models that the company also markets in Germany. Although appearing to be “compliant” with the regulations, Phonegate Alert found that 23 of the 50 Xiaomi smartphone models had particularly high levels of both declared and uncontrolled SARs. 18 of these concern the SAR “body” with levels between 1.4 and 1.7 W/kg, 9 of the SAR “head” with levels between 1.2 and 1.75 W/kg and four, both the SAR body and head.
Since then, Phonegate Alert has been constantly informing the French ministries concerned (Health, Ecological Transition, Economy), as well as the authority responsible for fraud repression (DGCCRF) and has asked them, without success, to launch a systematic control of all Xiaomi smartphones sold in France. 3
Seven Nokia mobile phones (models 1 / 2.1 / 3 / 3.1 / 5 / 5.1 / 6.1) are now the subject of a criminal complaint filed before the Prosecutor’s Office of Lyon.
On 11 June 2019 Phonegate Alert filed a criminal complaint and class action against HMD GLOBAL OY (NOKIA) involving the owners and users of NOKIA mobile phone models: 1 / 2.1 / 3 / 3.1 / 5 / 5.1. In July 2019, the Nokia 6.1 was added to the legal action.
Two phones concerned the exceeding of the regulatory limit of the SAR “trunk”: Nokia 3, Nokia 5 and five phones, non-compliance with the SAR measurement at 5mm: Nokia 1, Nokia 2.1, Nokia 3.1, Nokia 5.1, Nokia 6.1.
Furthermore, the Finnish company did not comply with the obligation to provide information in its manuals on mention of the SAR and the measuring distance.
Phonegate Alert recommends that all Nokia brand owners be particularly vigilant, store their mobile phones in a location as far away from the body as possible (avoid, for example, storage in a trouser pocket) and do not hold them near the ear. 4, 5
2 tekdeeps.com, "The Nokia 7 Plus had to be updated twice to stop emitting too many waves" (translation of numerama.com article), 1 September 2020
3 Phonegate Alert Association, “Phonegate: criminal complaint against Chinese smartphone manufacturer Xiaomi”, 15 April 2019
https://www.phonegatealert.org/en/phonegate-criminal-complaint-against-chinese-smartphone-manufacturer-xiaomi
4 Phonegate Alert Association, "[Press release] Phonegate scandal: a criminal complaint against HMD GLOBAL OY (NOKIA)", 12 June 2019
https://www.phonegatealert.org/en/press-release-phonegate-scandal-a-criminal-complaint-against-hmd-global-oy-nokia
5 Phonegate Alert Association, "[Press release] Nokia smartphone SAR: general deception suspected", 18 July 2019
https://www.phonegatealert.org/en/press-release-nokia-smartphone-sar-general-deception-suspected
by Meris Michaels, Editor "Towards Better Health" and member of the Phonegate Alert Association
https://www.phonegatealert.org/en/phonegate-criminal-complaint-against-chinese-smartphone-manufacturer-xiaomi
4 Phonegate Alert Association, "[Press release] Phonegate scandal: a criminal complaint against HMD GLOBAL OY (NOKIA)", 12 June 2019
https://www.phonegatealert.org/en/press-release-phonegate-scandal-a-criminal-complaint-against-hmd-global-oy-nokia
5 Phonegate Alert Association, "[Press release] Nokia smartphone SAR: general deception suspected", 18 July 2019
https://www.phonegatealert.org/en/press-release-nokia-smartphone-sar-general-deception-suspected
by Meris Michaels, Editor "Towards Better Health" and member of the Phonegate Alert Association
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