U.S. Supreme Court Won’t Hear Apple Cellphone Radiation Case
The U.S. Supreme Court this week decided against hearing a lawsuit against Apple that sought to determine whether the Federal Communication Commission’s radiofrequency radiation guidelines preempt state safety and health law.By Suzanne Burdick, Ph.D., childrenshealthdefense.org, 25 May 2023
The U.S. Supreme Court this week decided against hearing a lawsuit against Apple that sought to determine whether the Federal Communication Commission’s (FCC) radiofrequency (RF) radiation guidelines preempt state safety and health laws.
The plaintiffs in the lawsuit — nearly 30 iPhone users — allege that Apple’s iPhone emitted RF radiation that regularly exceeded the federal exposure limit and that Apple violated California state health and safety laws by failing to warn consumers about the health and safety risks of holding the device close to the body.
The plaintiffs on Jan. 23 filed a petition for a writ of certiorari — or “cert” request — asking the Supreme Court to hear the case after the U.S. Court of Appeals for the 9th Circuit ruled on Aug. 26, 2022, that the plaintiffs’ claims were invalid because the FCC’s federal guidance “impliedly preempted” state health and safety law.
Commenting on the U.S. Supreme Court’s decision, W. Scott McCollough, Children’s Health Defense’s (CHD) lead litigator for electromagnetic radiation cases, said the Supreme Court’s denial of the plaintiffs’ request was “disappointing” but there is “still hope” that the question of federal preemption of state health and safety law will be addressed.
McCollough — who in March co-authored an amicus brief submitted by CHD and eight nonprofits in support of the plaintiffs’ request — said, “We wish the court would’ve taken it up, but it’s not over. There will be another chance.”
McCollough told The Defender there is still a “significant circuit split” — meaning that different U.S. Circuit courts have rendered differing decisions — on the issue of whether FCC guidelines on human exposure limits on RF radiation preempt state health and safety law and “typically that is something the [Supreme] Court will resolve at some time.”
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.”
‘If we can ever get the FCC to change the rules, then we don’t have to worry about state court law’
The Supreme Court’s decision is a blow to individuals in the Western U.S. seeking to sue telecommunication companies under state laws because it means the 9th Circuit’s August ruling remains unchallenged and “will probably be precedent-setting in the 9th Circuit,” said McCollough, who is a former Texas assistant attorney general and telecom and administrative law attorney.
Continue reading:
https://childrenshealthdefense.org/defender/us-supreme-court-apple-cellphone-radiation-case/
The plaintiffs in the lawsuit — nearly 30 iPhone users — allege that Apple’s iPhone emitted RF radiation that regularly exceeded the federal exposure limit and that Apple violated California state health and safety laws by failing to warn consumers about the health and safety risks of holding the device close to the body.
The plaintiffs on Jan. 23 filed a petition for a writ of certiorari — or “cert” request — asking the Supreme Court to hear the case after the U.S. Court of Appeals for the 9th Circuit ruled on Aug. 26, 2022, that the plaintiffs’ claims were invalid because the FCC’s federal guidance “impliedly preempted” state health and safety law.
Commenting on the U.S. Supreme Court’s decision, W. Scott McCollough, Children’s Health Defense’s (CHD) lead litigator for electromagnetic radiation cases, said the Supreme Court’s denial of the plaintiffs’ request was “disappointing” but there is “still hope” that the question of federal preemption of state health and safety law will be addressed.
McCollough — who in March co-authored an amicus brief submitted by CHD and eight nonprofits in support of the plaintiffs’ request — said, “We wish the court would’ve taken it up, but it’s not over. There will be another chance.”
McCollough told The Defender there is still a “significant circuit split” — meaning that different U.S. Circuit courts have rendered differing decisions — on the issue of whether FCC guidelines on human exposure limits on RF radiation preempt state health and safety law and “typically that is something the [Supreme] Court will resolve at some time.”
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.”
‘If we can ever get the FCC to change the rules, then we don’t have to worry about state court law’
The Supreme Court’s decision is a blow to individuals in the Western U.S. seeking to sue telecommunication companies under state laws because it means the 9th Circuit’s August ruling remains unchallenged and “will probably be precedent-setting in the 9th Circuit,” said McCollough, who is a former Texas assistant attorney general and telecom and administrative law attorney.
Continue reading:
https://childrenshealthdefense.org/defender/us-supreme-court-apple-cellphone-radiation-case/
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