Cell Phone Industry Sues Berkeley Over Radiation Warning Law

A trade group for the wireless industry has filed a lawsuit against the City of Berkeley aimed at quashing its recent cell phone warning ordinance.

In the suit, filed Monday, CITA The Wireless Association claims the ordinance violates the First Amendment by requiring cell phone retailers to slap radiation warning labels on mobile phones sold within city limits. Such warnings are “inaccurate, misleading, and controversial,” the industry says, arguing that it should not be forced to engage in speech with which it disagrees. CITA further notes that the federal government has determined there is no public health risk associated with cell phones approved for sale in the U.S.

The Berkeley City Council approved the ordinance in a unanimous vote last month, with the new law scheduled to take effect in July. A similar ordinance in San Francisco was dropped after CITA filed a lawsuit.

Berkeley’s “right to know” ordinance is the first of its kind in the nation. It follows a decision by the city council last year to slap climate change warnings on the city’s gas pumps.

Read more about the lawsuit here.