Wireless association CTIA has failed again to get the City of Berkeley to stop warning people that using a cell phone could expose them to radiation.
As part of the long-running debate over health concerns in using mobile phones, Berkeley's "Right to Know" ordinance, which came into effect in 2016, has been upheld by a court Tuesday.
Berkeley had been enforcing a city ordinance that required phone retailers to inform prospective buyers that carrying phones in certain ways, like in pants pockets or bras, could cause them to exceed the FCC's guidelines for radio frequency radiation maximum exposure.
CTIA had argued that this violated the First Amendment, blocking retailers' freedom of speech by requiring them to post "inflammatory" messages.
The radiation warning message required by the city from phone retailers is: "To assure safety, the Federal Government requires that cell phones meet radio frequency (RF) exposure guidelines.
If you carry or use your phone in a pants or shirt pocket or tucked into a bra when the phone is ON and connected to a wireless network, you may exceed the federal guidelines for exposure to RF radiation.