Ninth Circuit Upholds Berkeley Ordinance Requiring Cell Phone Retail Disclosures
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- C4ST, Cell Phone, radiation, USA
The Ninth Circuit Court has affirmed the city of Berkeley’s right to force retailers to post information where cell phones are sold. The “Right-to-Know” notice indicates the FCC radiation standard may be exceeded if the consumer uses a device next to the body.
The one dissenting judge in the 2-to-1 decision was Judge Michelle Friedland. Judge Friedland’s husband’s salary is paid for, in part, by a member of the CTIA which sued Berkeley in an attempt to halt the cautionary notices.
The language on the notices is language already mandated by the FCC in the back of owner’s manuals.