Bloomberg Law
Aug. 26, 2022, 8:17 PM

Apple’s Win in iPhone Radiation Class Action Upheld on Appeal

Peter Hayes
Peter Hayes

Apple Inc. won’t face reinstated claims that it failed to warn consumers that some iPhones can emit radiofrequency radiation above federal limits, after the Ninth Circuit affirmed federal law preempts the state law claims.

The Telecommunications Act of 1934 preempts the state tort and consumer-fraud laws, the US Court of Appeals for the Ninth Circuit said, in a opinion written by Judge William A. Fletcher.

“The 1934 Act authorizes the FCC to balance the overlapping and potentially competing factors in setting safe and uniform limits for RF radiation from cell phones,” Fletcher said.

“Allowing state tort law to prescribe lower ...

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