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Berkeley Cell Phone Right To Know Ordinance
The Ninth Circuit Court of Appeals has upheld Berkeley, California's Cell Phone Radiation Right To Know Ordinance in a landmark ruling on July 2nd, 2019. The Berkeley ordinance requires retailers of cell phones to display a warning sign that the radiation from cell phones could be exceeding what is considered "safe" by the FCC.
The Court concluded that "the public health issues at hand were “substantial” and that the “text of the Berkeley notice was literally true,” and “uncontroversial.”
Mandatory Warning Notice
The City of Berkeley requires that all retailers of cell phones post the following notice:
“To assure safety, the Federal Government requires that cell phones meet radiofrequency (RF) exposure guidelines. If you carry or use your phone in a pants or shirt pocket or tucked into a bra when the phone is ON and connected to a wireless network, you may exceed the federal guidelines for exposure to RF radiation. Refer to the instructions in your phone or user manual for information about how to use your phone safely.”
Warning Meant to Alert Consumers
The Court held that the Cell Phone Radiation Right To Know Ordinance "simply alerted consumers to the safety disclosures that the Federal Communications Commission required, and directed consumers to federally compelled instructions in their user manuals providing specific information about how to avoid excessive exposure.
“Parents are unaware that when a child holds a phone or iPad in their lap, or when then their teenager tucks the phone in their pants, that their child could absorbs radiation at levels that exceed US cell phone radiation limits,” stated Theodora Scarato, Executive Director of Environmental Health Trust.
While today's consumer demands full disclosure on the labels of the food and supplement items they purchase, they are not nearly as savvy when it comes to the wireless devices they purchase. Up until now, the consumer has trusted that these devices comply with federal regulations regarding microwave radiation exposure. This Right To Know Ordinance exposes the truth regarding cell phones, which is they are often in violation of FCC regulations regarding RF radiation exposure levels.
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