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Apple IPhone Users Urge Court To Keep Emissions Claims

Tiomkin Law Offices of Elliott Tiomkin > Legal News  > Apple IPhone Users Urge Court To Keep Emissions Claims

Apple IPhone Users Urge Court To Keep Emissions Claims

Law360 (June 8, 2020, 10:25 PM EDT) — A proposed class of consumers suing Apple Inc. over allegedly dangerous levels of radiation emitted from iPhones has told a California federal court their claims were not barred by federal law since the Federal Communication Commission executes emissions standards under a federal act that carries no implied preemption authority for the agency.

In a Thursday filing pushing back against Apple’s effort to toss the suit, Andrew Cohen and the proposed class claimed the FCC’s radiofrequency emissions standards were enacted under the National Environmental Policy Act of 1969. The federal act does not have provisions that conflict with the class’s claims, the…

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