The Ninth Circuit Court of Appeals has upheld in part a lower court’s grant of a preliminary injunction against a San Francisco ordinance that would have required companies selling cell phones to make certain disclosures to consumers about radiofrequency energy emissions from the products. CTIA – The Wireless Ass’n v. City & County of San Francisco, Nos. 11-17707 and -17773 (9th Cir., decided September 10, 2012) (unpublished). The Ninth Circuit found that the lower court’s order modifying the injunction to allow the city to compel distribution of a revised fact sheet was error, because it “could prove to be interpreted by consumers as expressing San Francisco’s opinion that using cell phones is dangerous. The FCC, however, has established limits of radiofrequency energy exposure, within which it has concluded using cell phones is safe.” Because the facts sheets were no longer “purely factual and uncontroversial,” government cannot compel their distribution. Additional details about the case appear in the November 10, 2011, issue of this Report.
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Ninth Circuit upholds order enjoining San Francisco ordinance on cell phone warnings
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