US Law Week

Apple iPhone Radiation Suit Loss Appealed to Ninth Circuit

Nov. 25, 2020, 3:55 PM

Apple Inc. iPhone plaintiffs have appealed the dismissal of their would-be class suit alleging certain models emit radiation at levels over federal limits when carried near the body, according to a filing in a California federal court.

Andrew Cohen and others alleged that Apple breached state tort and consumer protection laws by failing to disclose that some phones exceeded federal safety limits.

Last month, the U.S. District Court for the Northern District of California granted judgment to Apple, saying federal law preempts the claims.

The Federal Communications Commission has certified each iPhone model at issue as compliant with its radiofrequency...

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