In a major victory for cell phone makers and service providers, the 3rd U.S. Circuit Court of Appeals has ruled that consumers cannot sue over possible biological hazards allegedly caused by cell phone radio emissions because such suits would interfere with the Federal Communications Commission's exclusive power to regulate the industry. Plaintiffs lawyers had argued that their claims should be permitted because they weren't seeking any changes to radio frequency emission standards.
October 25, 2010 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
The recurring question of whether cell phones pose health hazards must be sorted out by the Federal Communications Commission and not through products liability suits in court because Congress has designed a regulatory scheme that gives the FCC exclusive power to regulate all aspects of the cell phone industry.
That’s the central holding in a decision handed down Friday by the 3rd U.S. Circuit Court of Appeals in Farina v. Nokia.
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