Wired News
Journalist: Elisa Batista
August 04, 2000
Two days after cellphone manufacturers began including radio frequency radiation information on their product packaging, a Maryland neurologist with brain cancer filed an $800 million lawsuit on Thursday, alleging he was not given this information beforehand.
The Cellular Telecommunications Industry Association (CTIA)—which represents the entire industry and is one of the defendants in the case—recently persuaded manufacturers to disclose SAR (Specific Absorption Rate) values on phone packaging. SAR measures the amount of radio frequency (RF) signals emitted by cellphones. Despite this move, the industry maintains that cellphones are safe.
However, the timing of the new labeling practices and the allegations raised in the lawsuit highlight the challenges manufacturers face in convincing the public—and, more importantly, future juries—of their claims.
A High-Profile Lawsuit
Chris Newman, 41, a Baltimore neurologist, has become a thorn in the cellphone industry’s side with his lawsuit against major telecom giants, including:
- Motorola
- Verizon Communications
- Bell Atlantic Corp.
- Bell Atlantic Mobile
- SBC Communications
- Telecommunication Industry Association
- CTIA
Newman, who has a malignant tumor behind his right ear, claims the industry failed to warn consumers that cellphones emit high levels of radio frequency radiation that can cause cancer.
Industry Response
Some manufacturers, like Ericsson, were not named in the lawsuit. The company insists its phones are rigorously tested and meet the Federal Communications Commission (FCC) radiation limit of 1.6 watts per kilogram. According to Ericsson’s website, this is about one-fiftieth the level of exposure that would have any minimal effect on health.
“All the research that the industry has done is years and years worth of research. None of it has come up showing a credible link between mobile phone usage and cancer.”
— Rob Elston, Ericsson Spokesman
Similarly, Norman Sandler, a spokesman for Motorola, dismissed the claims:
“There have been a handful of lawsuits over the last eight years or so asserting some kind of connection between mobile phone use and adverse health effects. We have maintained all along that those claims are baseless, and that has been borne out by the fact that those cases have been either dismissed by the courts or withdrawn by the plaintiffs.”
Why SAR Labels Now?
CTIA asserts that SAR disclosures are part of a consumer education effort, not a legal maneuver.
“It’s part of an ongoing educational campaign.”
— Travis Larson, CTIA Spokesman
Still, the sudden transparency raises questions about whether the industry is trying to preempt future lawsuits.
What Does the Science Say?
The latest research does not confirm a direct link between cellphone usage and cancer—but it also doesn’t rule out potential risks.
A June study by the Wireless Technology Research (WTR) program, which is funded by the wireless industry, found that cellphone radiation is not strong enough to break DNA. However, it does cause genetic changes in the blood.
The U.S. Food and Drug Administration (FDA) is currently reviewing WTR’s findings but is not expected to release its own assessment for at least three years.
“Lawsuits or not, what is important to us is that people who use our products use them in a safe manner.”
— Rob Elston, Ericsson Spokesman
Lawsuits Beyond Health Concerns
This isn’t the first time cellphones have been the subject of lawsuits.
Between 1990 and 1999, the Harvard Center for Risk Analysis recorded 34 cases involving injuries and fatalities caused by drivers using cellphones. The legal outcomes were as follows:
- 14 verdicts in favor of the plaintiffs
- 11 verdicts in favor of cellphone users
- 6 cases settled out of court
- 3 cases resolved through third-party mediation
However, none of the 11 verdicts for cellphone users involved health-related concerns.
In one of the most high-profile cases, Smith Barney paid $500,000 in an outside settlement after one of its employees crashed into another car while talking on a company-paid cellphone.
Conclusion
While the industry insists cellphones are safe, ongoing research and legal challenges continue to raise concerns. With lawsuits like Chris Newman’s $800 million case, the debate over cellphone radiation risks is far from over.