FCC Investigating Levels of Radiation emitted by Cellphones -- Apple and Samsung Facing Class Action Lawsuit

Cellphone companies are continuing to release more and more phone models as every year goes by.  Apple has just released another generation of their most popular model, the iPhone SE 3rd Generation. 

As consumers - we tend to want that upgrade as soon as something new comes along.  However, do we ever stop to think about how "safe" this newer model is? 

Apple's most sold iPhone 7 (now known as the iPhone SE 2nd Generation) was  tested and the Radio Frequencies (RF) measured over double the legal safety limit Apple reported to federal regulators from its own testing, according to the Chicago Tribune.

The tribune paid the third party accredited laboratory to conduct this test who found the surprising results within minutes.  The tribune also tested other iPhone 7 models, brand new with full power, and found the phones also measured over the exposure limit.  

The FCC, who is responsible for regulating phones, “states on its website that if a cell phone has been approved for sale, the device “will never exceed” the maximum allowable exposure limit. 

This comprehensive independent investigation done by the Tribune, and the shocking results that were concluded from this testing now have the FCC conducting their own testing over the next couple of months.

These results now raise questions about whether cell phones always meet safety standards set up to protect the public, and are they as safe as manufacturers and government regulators say they are?

Samsung Throttling Lawsuit

There is strong evidence, based on several high profile, peer-reviewed studies that the FCC limits for RF exposure levels were already far too high. In these studies, statistically significant causation has been established between exposure to RF radiation levels similar to what a cell phone user may be exposed to and health effects such as cancerous tumors and infertility.

In addition to data from these independent studies, the limits were based on FCC studies that were conducted in the 90's that reflected typical usage during the time period and based on the simulated effects on a 200 lb, adult male user.

Clearly the FCC limits were not set according to current usage patterns and did not account for the massive variety of the types of people that use cell phones, including children.

In addition to the Chicago Tribune report prompting an FCC investigation, a class action suit against Apple and Samsung has also been filed for the same reason.

The lawsuit was filed on Friday, August 23rd, 2019 in the Northern District of California.  Despite assurances that the products are safe, the lawsuit claims, "recent testing of the defendants’ products shows that the potential exposure for an owner carrying the phone in a pants or shirt pocket was over the exposure limit, sometimes far exceeding it—in some instances by 500%."

The lawsuit claims users are putting themselves at "increased cancer risk... genetic damages, structural and functional changes of the reproductive system, learning and memory deficits, neurological disorders, and negative impacts on general well-being in humans."

Apple Lawsuit Settlement

We can expect more lawsuits to come in the future, with consumers suing for "negligence, breach of warranty, consumer fraud and unjust enrichment, seeking actual damages, the costs of medical monitoring, restitution and injunctive relief." 

As consumers, we should be aware of existing federal standards when it comes to radio frequency radiation from cell phones may not be adequate to protect the public.