Berkeley can require retailers to warn their cell phone customers about the possible radiation effects of carrying switched-on phones close to their bodies, a federal appeals court ruled Friday.
The cell phone industry sued to block enforcement of the ordinance, calling it an “inflammatory” message that violated retailers’ freedom of speech. But the Ninth U.S. Circuit Court of Appeals in San Francisco, in a 2-1 ruling, said the warning was factually accurate, based on findings by the Federal Communications Commission about safe radiation levels, and was in the public interest.
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