The U.S. Supreme Court this week decided against hearing a lawsuit against Apple that sought to determine whether the Federal Communication Commission’s (FCC) radiofrequency (RF) radiation guidelines preempt state safety and health laws.
The plaintiffs in the lawsuit — nearly 30 iPhone users — allege that Apple’s iPhone emitted RF radiation that regularly exceeded the federal exposure limit and that Apple violated California state health and safety laws by failing to warn consumers about the health and safety risks of holding the device close to the body.
The plaintiffs on Jan. 23 filed a petition for a writ of certiorari — or “cert” request — asking the Supreme Court to hear the case after the U.S. Court of Appeals for the 9th Circuit ruled on Aug. 26, 2022, that the plaintiffs’ claims were invalid because the FCC’s federal guidance “impliedly preempted” state health and safety law.
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