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February 03, 2023

Phonegate USA: Apple sued in Supreme Court

A new step was taken on January 23, 2023 regarding the class action lawsuit filed in the United States against Apple. The plaintiffs, alleging that the brand’s iPhones exceed regulatory Specific Absorption Rate (SAR) limitations in real-world use, filed suit with the Supreme Court, the nation’s highest court.

This new action follows the August 26, 2022 judgement, which we have previously documented, which ruled that federal regulations setting permitted emission levels prevailed over state law. The verdict, which elicited many reactions of indignation, is as follows:

“We hold […] that the FCC’s regulations of the [radiofrequency] radiation of cell phones, promulgated under the 1934 Act, preempt plaintiffs’ state-law claims as they are presented to us on appeal.”

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