Cell Phone Companies Sue Berkeley Over Warning Labeling Law

The cell phone industry sued Berkeley this week over a new ordinance it issued requiring that consumers be warned that carrying a switched-on phone in their pockets or bra might exceed federal radiation safety standards.

Harvard Law Professor Lawrence Lessig, who helped to draft the ordinance, has agreed to defend it without charge, according to the San Francisco Chronicle. “I believe Berkeley has a right to assure its residents know of the existing safety recommendations,” he told the Chronicle. Councilman Max Anderson, the measure’s lead sponsor, also expressed similar confidence that the ordinance, schedule to take effect on July 1, will be upheld.

The federal lawsuit filed by CTIA-The Wireless Association, alleges that the ordinance violates free speech and forces sellers to send an “inaccurate, misleading, and controversial” message to consumers.

Follow Adelle Nazarian on Twitter @AdelleNaz