Alsup Laments ‘Dumb’ FCC In IPhone Radiation Suit


Law360, San Francisco (February 6, 2020, 6:34 PM EST) — U.S. District Judge William Alsup said Thursday he’s inclined to let a jury decide whether Apple fraudulently marketed iPhones as safe and exposed consumers to excessive radiofrequency radiation, slamming an FCC testing standard as “a terrible rule” and expressing disbelief that the agency “would be that dumb.”

Apple Inc. urged Judge Alsup at a hearing in San Francisco to dismiss a proposed class action alleging that it deceives consumers by marketing its phones for use on a person’s body despite radiofrequency radiation of the phones exceeding federal limits if used in that manner.

But Judge Alsup leaned away from dismissing the…

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