On September 10, 2012, the United States Court of Appeals for the Ninth Circuit largely affirmed a California federal court’s injunction to prevent the City of San Francisco from implementing its mobile phone radiation warning ordinance. The ordinance would have required all retailers of mobile phones to provide various warnings and literature to their customers about the potential health risks from mobile phone use. With the exception of a revised “fact sheet” that retailers would have to give their customers, the trial court enjoined the law as a violation of the retailers’ First Amendment right to free speech. The Ninth Circuit agreed with the trial court, but even found the fact sheet problematic on the ground that consumers could be confused by the potentially conflicting positions of the City and the FCC. As the court of appeals explained, the FCC “has established limits of radiofrequency energy exposure, within which it has concluded using cellphones is safe.” The court concluded that it “cannot say on the basis of this record that the fact sheet as modified by the district court is both ‘purely factual and uncontroversial.’” It therefore remanded the case to the district court to resolve that narrower issue, leaving in place the district court’s injunction. CTIA – The Wireless Association v. City and County of San Francisco, No. 11-17773 (9th Cir.).