Bonnie Eslinger, Law360, Aug 26, 2022
Apple iPhones expose users to dangerous radiation, saying Friday that federal regulations setting radiation levels preempted the state law used to bring the case against the tech giant.
The Communications Act of 1934 and the Telecommunications Act of 1996 granted to the Federal Communications Commission broad regulatory powers over wireless communications devices, the panel said.
"We hold ... that the FCC's regulations of the [radiofrequency] radiation of cell phones, promulgated under the 1934 Act, preempt plaintiffs' state-law claims as they are presented to us on appeal," says the judgment written by U.S. Circuit Judge William A. Fletcher.