Berkeley California’s Cell Phone “Right to Know” Ordinance
- Right to Know – CA
- Proposition 65 -CA
Introduction: Berkeley’s “Right to Know” Ordinance was proposed in 2010, unanimously passed in 2015, and immediately faced a lawsuit from the Wireless Industry (The CTIA).
Berkeley became the first city in the nation to require cell phone retailers to provide an informational fact sheet on cell phone radiation to new phone buyers. San Francisco had also passed a similar ordinance in 2010 but was unable to implement it due to a lengthy legal battle with the telecommunications industry.
Wireless Industry Lawsuit Halted Implementation: The CTIA Wireless Industry filed a lawsuit claiming that the Ordinance violated their free speech rights by forcing them to inform cell phone buyers about potential radiation exposure. The case reached the Supreme Court, which upheld the ordinance by rejecting the CTIA’s free-speech challenge. The 9th U.S. Circuit Court en banc also supported the ordinance, stating that the public health issues were “substantial” and the text of the notice was “literally correct.”
However, in September 2020, a federal judge ruled in favor of the wireless industry, halting the ordinance. Judge Chen stated that the Berkeley law was “overwarning,” balancing public health and safety with the development and growth of telecommunications services.
The Berkeley Ordinance Notice: The notice required by the Berkeley Ordinance states: “The City of Berkeley requires that you be provided the following notice: To assure safety, the Federal Government requires that cell phones meet radio frequency (RF) exposure guidelines. If you carry or use your phone in pants or shirt pocket or tucked into a bra when the phone is ON and connected to a wireless network, you may exceed the federal guidelines for exposure to RF radiation. Refer to the instructions in your phone or user manual for information about how to use your phone safely.”
Key Documents:
- FairWarning.org: “Wireless Industry Using First Amendment as a Cudgel in Its Battle Against Safety Warnings.”
- No. 17-976: CTIA – The Wireless Association v. City of Berkeley, California, et al.
Below is an image from the “Right to Know” notice that was to be provided to consumers:
