The potential biological hazards of using cell phones took center stage on Monday as a plaintiffs lawyer urged the 3rd U.S. Circuit Court of Appeals to revive a Pennsylvania class action suit that says manufacturers must be ordered to provide a headset with every phone as a safety device.

Attorney Kenneth A. Jacobsen argued in Farina v. Nokia Inc. that a lower court judge erred in tossing the suit out on the grounds that it would interfere with the Federal Communications Commission, which has exclusive authority to regulate the radio frequency or RF emission of cell phones.