Law firm Fegan Scott sues Apple Samsung: Phone radiation is five times the federal cap

Fegan Scott, a Chicago-based law firm, recently filed a lawsuit in court alleging that Apple and Samsung’s phones were exposed to radiation exceeding the standard. Independent tests, the indictment says, show that radiation levels were produced “far above federal limits” during use “in accordance with manufacturer’s marketing.”

The independent report of the lawsuit comes in August, when the Chicago Tribune investigated the levels of radio frequency radiation emitted by popular smartphones. The Chicago Tribune commissioned the RF Exposure Laboratory in San Marcos, California, to test 11 different models of radio-radio-radiation phones.

Law firm Fegan Scott sues Apple Samsung: Phone radiation is five times the federal cap

Among the phones tested were four Apple iPhones, three Samsung Galaxy phones, three Motorola Moto phones and a Blu-ray vivo, all of which were purchased in brick-and-mortar stores, online or through mobile phone operators. Jay Moulton, the lab’s director, said all tests were conducted in accordance with the FCC’s detailed rules and guidelines.

Test results showed that the radio frequency radiation of phones, including the iPhone 7, iPhone 8, iPhone X and most recently the Galaxy smartphone model, exceeded federal limits.

Apple then disputed the results. Apple said in a statement that the test settings did not meet the procedures required to properly evaluate the iPhone model, so the testwased was inaccurate. And it says all iPhone models, including the iPhone 7, are fully certified by the FCC and other countries that sell iPhones.

Not only that, Apple added, after carefully reviewing and verifying all Apple phone models tested in the report, apple confirmed that the devices met all applicable electromagnetic radiation exposure guidelines and restrictions. Unusually, Samsung also said Samsung devices sold in the U.S. comply with Federal Communications Commission rules and are tested under the same test protocols used across the industry.

The day after the Chicago Tribune published its findings, the law firm Fegan Scott promised another independent investigation into the findings. Fegan Scott hired an FCC-certified lab to test six smartphone models at distances ranging from zero to 10 millimeters to measure radio frequency radiation emitted when touching or approaching the human body.

The testing lab claims that in the 2mm test, the iPhone 8 and Galaxy S8 had radiation “more than twice the federal radiation limit” and in the zero-millimeter test, the iPhone 8 was “more than five times the federal radiation limit.”

After receiving the findings, Fegan Scott decided to launch a formal lawsuit against Apple and Samsung over the iPhone 7 Plus, iPhone 8, iPhone XR, Galaxy S8, Galaxy S9 and Galaxy S10.

Lawyer Beth Fegan said

Apple and Samsung smartphones have changed the way we live. Adults, teenagers, and children wake up using it to send and receive mail and play games, and use their smartphones for work or study exercise. They spend all day with these devices.

Manufacturers just one-sidedly tell consumers it’s safe, so we need to test to know the range of RF radiation and see if it’s affecting our health. Independent tests have shown that RF radiation levels are well above the federal limit, and consumers need to know the truth if they use their phones in the way Apple and Samsung encourage us to use them.

According to Fegan Scott, the lab’s tests reflect “actual conditions of use” rather than “conditions set by the manufacturer,” meaning that the tests are probably not conducted in the form of internal Apple tests. Apple, for example, has a test distance of 5mm instead of 0mm and 2mm.

The Chicago Tribune’s test was done in a way that simulated the worst-case scenario, with the phone working at low signal and full power to produce the highest levels of radio frequency radiation. It is not clear how the law firm’s tests were conducted.

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