Law Firm Sues Apple and Samsung, Claiming Phones Exceed Radiofrequency Radiation Safety Levels

[MacRumors]

Chicago-based law firm Fegan Scott has levied a lawsuit against both Apple and Samsung, claiming that independent testing suggests the radiofrequency radiation levels in recent smartphones "far exceeded the federal limits" when used "as marketed by the manufacturers."

The basis for this lawsuit dates back to August, when The Chicago Tribune launched an investigation into the radiofrequency radiation levels output by popular smartphones.

RF Radiation Testing Results from a Chicago Times Investigation in August​

The paper hired an accredited lab to test several smartphones according to federal guidelines, and found that some of Apple's iPhones are allegedly emitting radiofrequency radiation that exceeds safety limits.

Apple disputed the results and in a statement, said that the testing was inaccurate "due to the test setup not being in accordance with procedures necessary to properly assess the ?iPhone? models."

"All ?iPhone? models, including ?iPhone? 7, are fully certified by the FCC and in every other country where ?iPhone? is sold," the statement said. "After careful review and subsequent validation of all ?iPhone? models tested in the (Tribune) report, we confirmed we are in compliance and meet all applicable ... exposure guidelines and limits."

At the time, the FCC said that it would launch its own investigation into the results, and a day after The Chicago Tribune published its findings, the Fegan Scott law firm pledged to launch its own investigation into the claims.

Fegan Scott enlisted an FCC-accredited laboratory to do its own testing of six smartphone models at distances ranging from zero to 10 millimeters to measure the radiofrequency radiation emitted when touching or in close proximity to the body.

The lab that did the testing claims that at two millimeters, the iPhone 8 and Galaxy S8 were "more than twice the federal exposure limit" and at zero millimeters, the iPhone 8 was "five times more than the federal exposure limit."

After receiving the results, Fegan Scott has decided to launch an official lawsuit against both Apple and Samsung covering the iPhone 7 Plus, the iPhone 8, the iPhone XR, the Galaxy S8, the Galaxy S9, and the Galaxy S10. From attorney Beth Fegan:

"Apple and Samsung smartphones have changed the way we live. Adults, teenagers and children wake up to check their email or play games and do work or school exercises on their smartphones. They carry these devices in their pockets throughout the day and literally fall asleep with them in their beds."

"The manufacturers told consumers this was safe, so we knew it was important to test the RF radiation exposure and see if this was true. It is not true. The independent results confirm that RF radiation levels are well over the federal exposure limit, sometimes exceeding it by 500 percent, when phones are used in the way Apple and Samsung encourage us to. Consumers deserve to know the truth."

According to Fegan Scott, the testing conducted by the lab reflects "actual use conditions" rather than the "conditions set by manufacturers," which means the testing was likely not done in the same way that Apple does its own internal testing. Apple, for example, tests at 5mm, not 0mm and 2mm.

The Chicago Tribune's original testing was done in a manner to simulate the worst possible scenario, with the phone operating in low signal and full power to create the maximum radiofrequency radiation level. It's not clear how the law firm's testing was carried out.

There is no evidence that radiofrequency radiation levels above the federal limits have the potential to cause harm, so consumers should not be alarmed at this time. The FCC is doing its own independent testing and those results should provide more insight into the safety of smartphones.

Apple tells its customers worried about radiofrequency radiation exposure to use a hands-free option, and some past iPhone models have included recommended carrying distances. With the iPhone 4 and 4s, for example, Apple said the smartphones should be held at least 10mm away from the body, and there was a similar suggestion made for the iPhone 7.

The lawsuit is seeking damages from Apple as well as funds to pay for medical monitoring.

Article Link: Law Firm Sues Apple and Samsung, Claiming Phones Exceed Radiofrequency Radiation Safety Levels

 

[codewrangler]

If true, they should be suing the FCC, since they blessed the devices for consumer use. You can't blame Apple or Samsung for complying with FCC radio power requirements. You need to change the standard that the FCC uses...this is baseless litigation.

 

[SVTmaniac]

3.6 Roentgen. Not great, not terrible.

 

[HiVolt]

3.6 Roentgen. Not great, not terrible.

Haha, good one.

Lets see if anyone figures out where that's from.

 

[synergize]

I just ran out of tinfoil yesterday!

 

[IPPlanMan]

3.6 Roentgen. Not great, not terrible.

You didn't see excess RF... You didn't. YOU DIDN'T! BECAUSE IT'S NOT THERE!
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I just ran out of tinfoil yesterday!

Luckily I live in a Faraday Cage.

 

[BornAgainApple]

Non-ionized radiation ::dropsmic::

 

[zorinlynx]

So tired of people freaking out over RF, which is harmless. Reducing RF emission will reduce the performance of the phone since the tower won't be able to receive it as well!

 

[rizzo41999]

Wow, I was actually just thinking about this the other night while starring at my phone.

 

[HappyDude20]

The FCC, Apple and Samsung should all be held liable for this.

 

[code-m]

So tired of people freaking out over RF, which is harmless. Reducing RF emission will reduce the performance of the phone since the tower won't be able to receive it as well!

I don’t suspect 5G will make it any better.

 

[EmotionalSnow]

The FCC, Apple and Samsung should all be held liable for this.

Only if this actually harms humans, which there is no proof of atm

 

[I7guy]

Was kind of waiting for this ever evolving merry go around of how devices get tested and are the results legit.

 

[anticipate]

I guess the law firm never used Google.

https://www.fda.gov/radiation-emitting-products/cell-phones/health-issues

You have to incur harm to recover losses in order to sue.

 

[dwsolberg]

I suspect this is what's happening. The FCC has a rule about radiation amount given a set signal strength. The tests done by the tribune were likely done with a much worse cell tower signal strength (which means the phone jacks up its strength to compensate). Apple and Samsung are being sued because they're the only ones making money on phones. The lawyers will get a good settlement because of FUD.

 

[code-m]

The FCC, Apple and Samsung should all be held liable for this.

As another poster mentioned the FCC sets the standard, they review and test manufacturers claims and then grant approval for the device to be sold and used. If anything this is the FCC responsibility and not to just rubber stamp anything and everything. I am not taking sides just pointing out where the lawsuit should be targeted.

Let’s say Apple and Samsung are found guilty, those two companies will just sue the FCC for its role to approve.

 

[PBG4 Dude]

Only if this actually harms humans, which there is no proof of atm

If Apple is exceeding federal limits, it doesn't matter if it hurts people or not.

 

[mrongey]

Non-ionized radiation ::dropsmic::

Exactly. I don't know how many times I've tried to explain to my dad that "emf" is on the opposite end of the spectrum of the radiation that can give you cancer - physics dictate that the worst that can happen to you from these frequencies is that you might get a little warm.

Edit to add: They might have been able to get away with suing for damages because of exceeding the federal limits, but since they're asking to pay for medical monitoring, I wonder if they are going to have to try to prove that there is a medical danger from being exposed to this radiation (which they won't be able to do). It would be great if this turned into a high-profile case that finally laid this insanity to rest.

 

[zorinlynx]

Exactly. I don't know how many times I've tried to explain to my dad that "emf" is on the opposite end of the spectrum of the radiation that can give you cancer - physics dictate that the worst that can happen to you from these frequencies is that you might get a little warm.

I wonder why nobody freaked out about this in the 80s and 90s when analog cellphones were transmitting an entire watt or more ERP, yet nobody got hurt by that. Modern phones put out a tiny fraction of that, and people are freaking out.

I'm so tired of this excessive paranoia.

 

[mngdew]

I'll bet the law firm is preparing another case to file for once 5G is widespread.

 

[MacBebe]

Must be slow business for the law firm.

 

[Black Belt]

Can I sue the universe for emitting radio radiation for the past 100 billion years with no government oversight?

 

[code-m]

Apple's Response - "You're holding it wrong"

Is the XS, 11/Pro on that list too considering XR is mentioned.
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Can I sue the universe for emitting radio radiation for the past 100 billion years with no government oversight?

Luckily we have the ozone to filter most of the harm out.

 

[Dainin]

Isn’t the power transmitted from the bottom of the phone? When I’m talking its a good 2 inches from my face...

 

[Zadigre]

seriously, what part of the phone was tested at 2mm and 5mm?

just holding the phone normally while talking, beside the earpiece that is on my ear, rest of the phone is like between 2 and 10cm from my head. And this is without making sure it's far enough from my face.

This is a non issue to me.