9th Circ. Won't Block Berkeley's Cellphone Warning Law

Law360, Los Angeles (April 21, 2017, 8:04 PM EDT) -- The Ninth Circuit on Friday declined to halt enforcement of a Berkeley, California, ordinance that requires cellphone retailers to warn consumers about radiation risks, saying the law withstands First Amendment scrutiny since it’s related to a substantial government interest of protecting consumers’ health and safety.

The published opinion by a partially split three-judge panel denied a mid-case appeal by the trade group CTIA, which represents the wireless communications industry. The group had appealed the district court’s January 2016 denial of a preliminary injunction, sending the case to the Ninth Circuit for immediate review.

The Berkeley ordinance, passed in May 2015, requires...

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