Berkeley Defends Cellphone Warning Ordinance At 9th Circ.

Law360, Washington (April 5, 2016, 1:24 PM EDT) -- Berkeley, California, urged the Ninth Circuit on Monday to allow an ordinance mandating that cellphone retailers include a radiation warning with all sales, saying a trade group’s challenge to the law misapplied the First Amendment to severely limit government’s regulatory powers.

The ordinance merely shifts a regulatory scheme the Federal Communications Commission imposes on cellphone manufacturers to retailers operating within the city — to disclose facts based on 30-year-old science — Berkeley said in its answering brief. The effort by CTIA -The Wireless Association to undo the law rested on a theory of the First Amendment’s free speech protections that would...

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