The FDA Is Breaking the Law: A Systemic Failure in Wireless Radiation Safety
The health risks of radiofrequency (RF) radiation have been known for decades. From groundbreaking studies linking RF exposure to DNA damage, oxidative stress, and cancer, to recent results from the National Toxicology Program (NTP) that found clear evidence of carcinogenicity, the evidence is undeniable: RF radiation poses significant risks to public health.
Despite this, the Food and Drug Administration (FDA)—the agency legally required to protect Americans from unnecessary radiation—is breaking the law by failing to act on its responsibilities under Public Law 90-602. This is not an exaggeration; this is fact. Under this law, passed in 1968, the FDA is mandated to study, monitor, and mitigate the health impacts of electronic product radiation—including RF from wireless technologies. Yet the FDA has not only failed to fulfill these duties, it has actively halted critical research, such as cutting funding to the NTP, which had been one of the most comprehensive investigations into wireless radiation in the world.
At the same time, the Federal Communications Commission (FCC), the agency responsible for regulating RF emissions, continues to rely on outdated, 1996-era thermal safety guidelines that disregard non-thermal biological effects—despite losing a lawsuit in 2021 brought by RFK Jr. and the Environmental Health Trust. Adding insult to injury, Section 704 of the Telecommunications Act of 1996 has made it unconstitutional for local governments to protect their communities by blocking cell towers based on health concerns.
The result? Americans are being subjected to dangerous levels of wireless radiation while their rights to transparency, self-governance, and health protections are systematically violated. This is not just a failure of policy—it is a blatant violation of federal law and the U.S. Constitution.
The FDA’s Blatant Violation of Public Law 90-602
What Does Public Law 90-602 Require?
Passed in 1968 as the Radiation Control for Health and Safety Act, Public Law 90-602 explicitly mandates that the FDA:
- Research and Monitor: Plan, conduct, and coordinate research on the health effects of electronic product radiation, including RF from wireless devices.
- Minimize Exposure: Develop methods and enforce standards to minimize unnecessary radiation exposure.
- Provide Public Guidance: Educate the public and healthcare professionals on the risks of radiation and offer safety recommendations.
These obligations are not optional. They are clearly spelled out in the U.S. Code (21 U.S.C. §§ 360hh–360ss) and were designed to ensure that as new electronic technologies emerged, public health would remain safeguarded.
How the FDA Is Breaking the Law
Instead of fulfilling its legal mandate, the FDA has:
- Defunded Critical Research: The NTP, which provided “clear evidence” that RF causes cancer in lab animals, had its funding cut under the Biden-Harris administration, halting vital follow-up studies.
- Ignored Evidence of Non-Thermal Effects: Despite overwhelming research showing biological harm at non-thermal levels, the FDA continues to parrot outdated thermal-only safety narratives.
- Failed to Update Guidelines: The FDA has not issued meaningful safety recommendations for RF exposure since the explosion of wireless technology began decades ago.
- Refused to Inform the Public: The FDA has not launched educational campaigns to alert the public to the risks associated with chronic RF exposure or offered mitigation strategies.
Why This Matters
By refusing to act, the FDA is violating federal law and failing the American people. This inaction leaves children in Wi-Fi-saturated classrooms, pregnant women, and the general public exposed to an ever-increasing onslaught of radiation without any guidance or protection.
The FCC’s Role: Complicit in Outdated and Dangerous Standards
While the FDA fails to enforce Public Law 90-602, the FCC also shoulders significant blame. The FCC sets RF emission limits that manufacturers and telecom companies must follow. These limits, however, are based on thermal effects only—the outdated assumption that RF is only harmful if it heats tissue.
In 2021, the FCC was sued by the Environmental Health Trust (EHT) and RFK Jr., who argued that the agency’s 1996 guidelines fail to account for 25 years of scientific evidence on non-thermal biological effects. The U.S. Court of Appeals for the D.C. Circuit ruled against the FCC, stating that it had failed to provide a reasoned explanation for why these guidelines were still adequate. Yet, the FCC has done nothing to update them, effectively ignoring the court’s directive and continuing to allow dangerous levels of RF exposure.
Section 704 of the Telecommunications Act: Unconstitutional and Harmful
Passed as part of the Telecommunications Act of 1996, Section 704 prohibits local governments from rejecting cell tower installations based on health or environmental concerns as long as the tower meets the FCC’s outdated guidelines.
Why Section 704 Is Unconstitutional
- First Amendment Violation: Section 704 silences public discourse on the health impacts of RF radiation. Communities cannot legally consider health evidence when opposing a cell tower, effectively gagging free speech.
- Tenth Amendment Violation: The Constitution reserves powers like public health and zoning for states and municipalities. Section 704 strips local governments of this authority, forcing them to comply with federal standards even when they are inadequate.
The Consequences of Section 704
- Communities are powerless to stop cell towers from being built near schools, playgrounds, or residential neighborhoods—even if there is overwhelming evidence of health risks.
- Public health concerns are censored, and Americans are left exposed to radiation without recourse.
The Halt of NTP Research: A National Disgrace
The NTP study, commissioned by the FDA, was a critical step in understanding the long-term health impacts of RF exposure. Its findings of clear evidence of cancer and DNA damage should have triggered a massive federal response. Instead, the FDA ignored the results, and under the current administration, the NTP’s funding was cut, stopping further research.
This is a direct violation of Public Law 90-602 and a betrayal of public trust. Without continued research, Americans are left in a scientific and regulatory vacuum, with no updated guidelines or protections.
Who Pays the Price?
The FDA’s unlawful inaction and the FCC’s outdated regulations disproportionately harm:
- Children: Exposed to RF in classrooms filled with Wi-Fi-enabled devices. Their thinner skulls and developing brains make them especially vulnerable.
- Pregnant Women: Research suggests RF exposure during pregnancy could harm fetal development. Yet, there are no warnings or guidelines.
- The General Public: Forced to live in environments saturated with RF radiation from cell towers, smart meters, and personal devices, with no official recommendations for reducing exposure.
The Way Forward: Demanding Accountability
1. Enforce Public Law 90-602
The FDA must:
- Resume NTP Research: Reinstating and expanding NTP studies is essential to understanding RF risks.
- Update Guidelines: The FDA must issue evidence-based recommendations that include non-thermal biological effects.
- Educate the Public: Launch campaigns to inform Americans about RF risks and how to minimize exposure.
2. Overhaul FCC Standards
The FCC must:
- Adopt Science-Based Limits: Replace its outdated thermal-only guidelines with comprehensive standards that account for non-thermal effects.
- Comply with the Court Ruling: Follow the 2021 directive to revisit and update RF safety standards.
3. Repeal Section 704 of the Telecommunications Act
Congress must:
- Restore Local Authority: Give communities the power to reject cell towers based on health concerns.
- Protect Free Speech: Repealing Section 704 would allow citizens to openly discuss and act on RF health risks.
Conclusion: A Call to Action
This is not just a policy failure. It is a blatant violation of the law, a suppression of constitutional rights, and a public-health crisis in the making. The FDA’s refusal to comply with Public Law 90-602, the FCC’s reliance on outdated standards, and the gag order imposed by Section 704 of the Telecommunications Act all work together to protect corporate profits at the expense of American lives.
We must demand accountability:
- Contact your legislators and urge them to enforce Public Law 90-602, repeal Section 704, and hold the FDA and FCC accountable.
- Support lawsuits and petitions that challenge regulatory negligence.
- Educate your community about RF risks and advocate for safer practices in schools, homes, and workplaces.
The science is clear, the laws are being broken, and the consequences are dire. It’s time to stand up—for our health, our rights, and our future.
References
- Public Law 90-602 (1968): Full legislative text available at [link].
- National Toxicology Program (NTP): Summary of findings and research details.
- Environmental Health Trust et al. v. FCC (2021): U.S. Court of Appeals decision.
- Telecommunications Act of 1996, Section 704: Legal analysis and implications.
- BioInitiative Report: Comprehensive review of RF health effects.
Take Action Today. The American people deserve science-based protections—not regulatory complacency and unconstitutional laws.