FCC Hit with Lawsuit by Nobel Prize Winner Alleging Failure to Protect Public Health

Scientists have just hit the FCC with a lawsuit claiming that the FCC is failing to update its cell phone and wireless radiofrequency limits while at the same time ignoring peer-reviewed scientific studies that show RF radiation is associated with severe health effects in humans, including cancer, DNA damage, damage to the reproductive organs, and brain damage.

The lawsuit comes from Nobel Prize-winning scientist Devra Davis, who currently serves as president of the Environmental Health Trust, who are the lead plaintiffs in the action.

Her award-winning career has spanned academia, public policy, and public service. President Clinton appointed the Honorable Dr. Davis to the newly established Chemical Safety and Hazard Investigation Board, (1994-99) an independent executive branch agency that investigates, prevents, and mitigates chemical accidents.

Davis states that for years the FCC has failed to protect public health by relying on 24-year-old safety tests that were designed when phones were the size of a shoe and used by few. She also said that the agency has dismissed hundreds of scientific studies that were submitted to its inquiry on wireless radiation as well as the advice of the American Academy of Pediatrics and others, without providing any rationale for doing so.

The lawsuit specifically accuses the FCC of violating the Administrative Procedure Act, which governs the process by which federal agencies develop and issue regulations. The suit requests an appeal of the agency’s prior order denying to revisit cell phone standards.

Can you believe this? We must protect our children! This is not something that should be ignored!

Thankfully, the Environmental Health Trust has enlisted the services of attorney Edward Myers, who states that the FCC has unlawfully disregarded a large body of evidence in violation of the Administrative Procedure Act and the National Environmental Policy Act, among others. The evidence includes numerous peer-reviewed scientific studies showing that radiation from cell phones and cell phone towers and transmitters is associated with severe health effects in humans, including cancer, DNA damage, damage to the reproductive organs, and brain damage (including memory problems).

Americans seem largely ignorant of the fact that cellphones are two-way microwave radios that are being tested while held inches away from the body. Safety advice is also hidden within operating systems about keeping devices away from the abdomen of pregnant women or children” Davis said.

Environmental Health & Trust’s Executive Director Theodora Scarato stated that the FCC is ignoring the recommendation of our nation’s largest organization of children’s doctors (the American Academy of Pediatrics) noting that the physician-led group asked the FCC to test phones the way we use them—in positions against the body—and the FCC said it was unnecessary.

Davis also noted the FCC’s hands-off approach to cell phone-related regulation over the past three presidential administrations. RF Safe urges the current presidential administration to become involved in assuring the health and safety of the American people by following the lead of other countries which have enacted measures that are much more stringent than those currently in place in the United States.

For instance, France is in the process of forcing manufacturers to test the phones next to the body, instead of at the unrealistic 5-15 millimeter distance currently used by the FCC here in the United States which increases the amount of radiation the body absorbs by a significant order of magnitude.

I’ll be posting more updates on this lawsuit as they become available!

Article with copy of lawsuit:

Dr. Devra Davis:

Environmental Health and Trust:

Administrative Procedure Act: