San Francisco surrenders in fight over cell-phone warnings

By Steve Gorman, Scott Malone and Nick Zieminski, Reuters

San Francisco city leaders, after losing a key round in court against the cell phone industry, have agreed to revoke an ordinance that would have been the first in the United States to require retailers to warn consumers about potentially dangerous radiation levels.

In a move watched by other U.S. states and cities considering similar measures, the city Board of Supervisors voted on Tuesday to settle a lawsuit with the Cellular Telecommunications Industry Association by accepting a permanent injunction against the right-to-know cell phone ordinance.

The group had alleged the law violated its free-speech rights, and the settlement marked a victory for the industry as the Federal Communications Commission considers a reassessment of safe radiation exposure limits adopted in 1996.

"This is just a terrible blow to public health," Ellen Marks, an advocate for the measure, said outside the supervisors' chambers. She said her husband suffers from a brain tumor on the same side of his head to which he most often held his mobile phone.

The industry association has asserted the San Francisco ordinance, if put into effect, would mislead consumers about the relative risks posed by cell phones, contrary to the FCC's determination that all wireless phones legally sold in the Unites States are safe.

The group's members include some of the nation's largest cell phone carriers and manufacturers, including Verizon Wireless, AT&T, Samsung and Apple.

Deputy City Attorney Vince Chhabria said a federal appeals court decision last year upholding a preliminary injunction against the measure signaled that trying to win the case at trial would be a long shot. If the city lost, a judge could have awarded the industry group as much as $500,000 in attorneys' fees, he said.

The 2011 ordinance mandated warnings that cellular phones, including smartphone devices, emit potentially cancer-causing radiation. The statute, which a judge blocked before it took effect, also would have required retailers of the devices to post notices stating that World Health Organization cancer experts have deemed mobile phones "possibly carcinogenic."

Supervisor David Campos reluctantly supported the settlement. "I think the legal reality is that if we don't approve the settlement, we're talking about having to pay $500,000 in legal fees," he said.

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San Francisco surrenders in fight over cell-phone warnings