United States: Apple Takes Aim at CHD’s Arguments in Cellphone Radiation Case

Apple Takes Aim at CHD’s Arguments in Cellphone Radiation Case

In its latest effort to keep a cellphone radiation case from heading to the U.S. Supreme Court, Apple tried to poke holes in arguments submitted to the Supreme Court by Children’s Health Defense for why unelected federal bureaucrats cannot override state health and safety law.

By Suzanne Burdick, Ph.D., childrenshealthdefense.org, 24 April 2023

Apple iPhone credit: Marco Verch/Flickr

Apple wants the U.S. Supreme Court to stay out of a lawsuit that would decide if the Federal Communication Commission’s (FCC) cellphone radiation guidelines preempt state safety and health laws.

The plaintiffs in the lawsuit, Andrew Cohen et al. v. Apple Inc., allege that Apple’s iPhone emitted radiofrequency (RF) radiation that regularly exceeded the federal exposure limit and that Apple violated state health and safety law by failing to warn consumers about the health and safety risks of holding the device close to the body.

However, the U.S. Court of Appeals for the 9th Circuit on Aug. 26, 2022, ruled the plaintiffs’ claims were invalid because the FCC’s federal guidance “impliedly preempted” state health and safety law.

The plaintiffs responded with a Jan. 23, 2023, petition for a writ of certiorari — or “cert” request — asking the Supreme Court to hear the case.

According to the petition, the 9th Circuit made “inference upon inference” in its ruling and the Supreme Court has the opportunity to “set things right” by clarifying that unelected federal bureaucrats cannot override state health and safety law.

Children’s Health Defense (CHD) last month filed an amicus brief in support of the plaintiffs’ cert request.

An amicus brief is filed by non-parties to litigation to provide information that has bearing on the issues and to assist the court in reaching the correct decision. It comes from the Latin words amicus curiae, which means “friend of the court.”

Apple’s lawyers responded on April 14 by filing a brief in opposition to the plaintiffs’ petition, arguing the FCC rules preempt state health and safety laws.

In its brief, Apple made multiple references to CHD’s filing — prompting CHD’s lead litigator for electromagnetic radiation (EMR) cases to suggest that CHD had a “big impact” and “hurt” Apple’s argument.

“You don’t respond to amici unless they really hurt,” W. Scott McCollough told The Defender. McCollough is a former Texas assistant attorney general and telecom and administrative law attorney.

The plaintiffs have the right to reply to Apple’s brief of opposition. After that, the case will head to the Supreme Court.

Matthew Wessler, one of the case’s main litigators, told The Defender he anticipates the court to render its decision in May or early June.

CHD’s historic 2021 FCC case ‘hurt’ Apple’s legal arguments

Continue reading:
https://childrenshealthdefense.org/defender/apple-cellphone-radiation-chd-fcc/