Bloomberg Law
Jan. 30, 2023, 4:48 PM

IPhone Users Seek SCOTUS Review of Radiation Preemption Ruling

Julie Steinberg
Julie Steinberg

IPhone users asked the US Supreme Court to review a decision disallowing claims alleging Apple Inc. failed to disclose that some phones can emit radiofrequency radiation above federal limits.

The US Court of Appeals for the Ninth Circuit said their claims were preempted by federal law, widening a circuit split over the preemptive effect of certain Federal Communications Commission guidelines, consumers said in a recently docketed petition for review. Its decision also presents a “golden opportunity” for much-needed guidance on when agency action preempts state-law claims, they said.

Andrew Cohen and others alleged that a lab hired by the Chicago ...