The Filutowski Law Firm, PLLC

In a major victory for cellular phone manufacturers and service providers, the 3rd Circuit Court of Appeals recently affirmed the lower court’s dismissal of Farina v. Nokia, a consumer class action lawsuit that accused cell phone companies of conspiring to hide evidence that radio frequency emissions from cell phones pose biological hazards.   The class action alleged that cell phone companies knew or should have known of the biological risks associated with cell phone use (such as brain cancer) and that the risk decreases when there is a greater distance between the cell phone and the user.  Despite knowing that headsets would mitigate the risks, defendants still sold cell phones without headsets.

Plaintiffs highlighted studies that indicate a range of complaints (such as headaches, sleep problems and burning sensations) within 15 minutes of cell phone use.

The 3rd Circuit Court of Appeals dismissed the class on grounds of federal preemption, i.e., federal law, such as the Federal Communications Commission (FCC), regulates such interstate commercial activities (the radio frequencies emitted from cell phones), and not the states.  Allowing the class action would intrude upon Congress’ regulatory authority over the matter.