© Darron Cummings/AP
The language on children is not based on federal safety guidelines or any scientific consensus on the effects of cell phone radiation, said U.S. District Judge Edward Chen of San Francisco. Whether children are at greater risk than adults is "a matter of scientific debate," he said, and Berkeley's requirement of such a warning would probably conflict with federal regulation of cell phones.
By contrast, Chen said, Berkeley relied on the Federal Communications Commission's research and guidelines for the rest of its ordinance. It requires sellers to tell customers that the federal government sets radiation exposure guidelines for cell phones, but that a user may be exposed to higher levels by carrying the device in a pocket or tucked into a bra when it's connected to a wireless network.
Chen noted that the commission requires cell phone manufacturers to advise customers in product manuals to keep the devices a certain distance from their bodies. "There is a reasonable scientific basis to believe that (radio-frequency radiation emissions) at some levels can and do present health risks," the judge said.
Comment: Profits before health for some of societies most vulnerable and impressionable.