Berkeley’s cell phone radiation warning law can go into effect, judge rules

(credit: Daniel Parks)

After complying with a federal judge’s order on Wednesday, the City of Berkeley, California will now be allowed to go forward with its cell phone radiation warning law, as it has cut out one controversial line. It is not clear when the new notice will go into effect.

Last year, the city passed a municipal ordinance requiring that a retailer provide, either in the form of a mounted poster, or as a printed handout, this message:

The City of Berkeley requires that you be provided the following notice:

To assure safety, the Federal Government requires that cell phones meet radio frequency (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. This potential risk is greater for children. Refer to the instructions in your phone or user manual for information about how to use your phone safely.

Berkeley Municipal Code § 9.96.030(A)

Shortly thereafter, the city was sued by CTIA, the wireless trade group, in an attempt to halt the law on the grounds that it was in violation of the First Amendment—the government was compelling speech by requiring retailers to display the notice. That language was based on warnings and notices already provided by the Federal Communications Commission.