Tuesday, August 25, 2015

Brain Tumor Rates Are Rising in the US: The Role of Cell Phone & Cordless Phone Use

August 25, 2015

The likelihood of developing a non-malignant brain tumor has increased in recent years in the U.S. According to newly-released data from the Centers for Disease Control and Prevention (CDC), the overall age-adjusted incidence (per 100,000 persons) of non-malignant brain tumors significantly increased from 2004 through 2012. The increase was observed among children 0-19 years of age (1.7 in 2004; 2.3 in 2012) and among adults 20 years and older (15.9 in 2004; 19.7 in 2012).

Almost 200 people per day in the U.S. were diagnosed with brain tumors in 2012 including 67,612 adults and 4,615 children. Among adults, 70% of these tumors were nonmalignant, and among children, 42% were nonmalignant.

The overall incidence of malignant tumors in the U.S. has been stable for children (3.4 in 2004; 3.3 in 2012) and has slightly decreased for adults (9.1 in 2004; 8.4 in 2012). However, lags in reporting to tumor registries are common in the U.S. so official statistics may underestimate the actual incidence of tumors for more recent years (see August 5, 2015 post below). 

A peer-reviewed study reported a significant Increase over time in the incidence of specific types of malignant brain tumors among adults in the U.S. (see May 7, 2015 post below).

The age-adjusted incidence of the most common non-malignant tumor, meningioma, significantly increased among adults from 2004 through 2012 (8.7 in 2004; 10.6 in 2012). 

A recent study reported a significant increase in meningioma incidence for the period 2004 through 2009 (Dolecek et al., 2015). Several case-control studies have found a significant association between risk of meningioma and wireless phone use (see May 7, 2015 post below).

The age-adjusted incidence of pituitary gland tumors significantly increased among children (0.4 in 2004; 0.6 in 2012) and among adults (3.4 in 2004; 4.7 in 2012). 

A prospective study of 790,000 women in the United Kingdom reported that the risk pituitary gland tumors was more than twice as high among women who used a cell phone for less than five years as compared to never users (Benson et al., 2013).

The web-based report, United States Cancer Statistics: 1999-2012 Incidence and Mortality Web-based Report (USCS) is available at www.cdc.gov/uscs. Although the report includes cancer cases diagnosed (incidence) from 1999 through 2012, brain tumor incidence data are available only since 2004. In 2012, cancer incidence information came from central cancer registries in 49 states, 6 metropolitan areas, and the District of Columbia, covering 99% of the U.S. population.

The Interactive Cancer Atlas (InCA), with exportable data, shows how rates differ by state and change over time. InCA is available at https://nccd.cdc.gov/DCPC_INCA/.


Aug 5, 2015

Cancer registries are developed to collect data on malignant tumors and often do not collect data on non-malignant (sometimes called benign) tumors. Since about half of primary brain tumors are non-malignant, these tumors are may not be monitored by public health surveillance systems (e.g., Canada).

The U.S has a Central Brain Tumor Registry (CBTRUS): "a resource for gathering and disseminating current epidemiologic data on all primary brain tumors, benign and malignant, for the purposes of accurately describing their incidence and survival patterns, evaluating diagnosis and treatment, facilitating etiologic studies, establishing awareness of the disease, and ultimately, for the prevention of all brain tumors." However, "CBTRUS makes no representations or warranties, and gives no other assurances or guarantees, express or implied, with respect to the accuracy or completeness of the data presented." 

There is a good reason for the disclaimer on the CBTRUS home page. Tumor registries are useful in monitoring disease incidence only to the extent that all procedures are well implemented. Registries are highly dependent upon reporting agencies (e.g., hospitals) to do an accurate and complete job in reporting tumors to the registry.

Registry data typically suffer from various problems: 
"Users must be aware of diverse issues that influence collection and interpretation of cancer registry data, such as multiple cancer diagnoses, duplicate reports, reporting delays, misclassification of race/ethnicity, and pitfalls in estimations of cancer incidence rates." (Izqierdo, JN, Schoenbach, VJ. The potential and limitations of data from population-based state cancer registries. AmJ Public Health. 2000;90:695-698. URL: http://1.usa.gov/1IHO8FM)
These shortcomings of cancer registries are not just hypothetical. For example, Hardell and Carlberg (2015) recently reported that brain cancer rates have been increasing in Sweden based upon the Swedish National Inpatient Registry but not according to the Swedish Cancer Registry. Based upon their results they "postulate(d) that a large part of brain tumours of unknown type are never reported to the Cancer Register ... We conclude that the Swedish Cancer Register is not reliable ..."



May 7, 2015

Hardell and Carlberg (2015) recently reported that brain tumor rates have been increasing in Sweden based upon the Swedish National Inpatient Registry data.

What about brain tumor rates in the United States?

Using national tumor registry data, a recent study found that the overall incidence of meningioma, the most common non-malignant brain tumor, has significantly increased in the United States in recent years (Dolecek et al., 2015). The age-adjusted incidence rate for meningioma significantly increased from about 6.3 per 100,000 in 2004 to about 7.8 per 100,000 in 2009. Brain tumor incidence increased for all age groups except youth (0-19 years of age).

The incidence of glioma, the most common malignant brain tumor, has also been increasing in recent years in the United States, although not across-the-board. The National Cancer Institute reported that glioma incidence in the frontal lobe increased among young adults 20-29 years of age (Inskip et al., 2010). The incidence of glioblastoma multiforme, a highly cancerous glioma, increased in the frontal and temporal lobes, and in the cerebellum among adults of all ages in the U.S. (Zada et al., 2012). 

Risk of meningioma from cell phone and cordless phone use

A new study by Carlberg and Hardell (2015) adds to the growing body of evidence that heavy use of wireless phones (i.e., cell phones and cordless phones) is associated with increased risk of meningioma in Sweden. Heavy cordless phone users (defined as more than 1,436 hours of lifetime use) had a 1.7-fold greater risk of meningioma (OR = 1.7; 95% CI = 1.3-2.2). The heaviest cordless phone users (defined as more than 3,358 hours of lifetime use) had a two-fold greater risk of meningioma (OR = 2.0; 95% CI = 1.4 - 2.8). The heaviest cell phone users had a 1.5-fold greater risk of meningioma (OR = 1.5, 95% CI = 0.99 - 2.1). 

Two earlier case-control studies conducted in other nations have found significant evidence of increased risk for meningioma among heavy cell phone users:

(1) In France, Coureau et al. (2014) found a two and a half-fold greater risk of meningioma for heavy cell phone users (defined as 896 or more hours of lifetime use) (OR = 2.57; 95% CI = 1.02 to 6.44). 

(2) In Australia, Canada, France, Israel and New Zealand, Cardis et al. (2011) found a two-fold greater risk of meningioma for heavy cell phone users (defined as 3,124 or more hours of lifetime use) (OR = 2.01; 95% CI = 1.03 to 2.93). 

The two prior studies did not assess cordless phone use so it's likely they underestimate the meningioma risk from cell phone use.

Thus, we now have three independent, case-control studies which find that wireless phone use is a risk factor for meningioma.

Risk of glioma from cell phone and cordless phone use

Three independent, case-control studies have found that long-term use of cell phones increases risk for glioma (Interphone Study Group, 2010; Hardell et al, 2013; Coureau et al, 2014). The only research to examine cordless phone use also found increased glioma risk with long-term use (Hardell et al, 2013). These studies include data from 13 nations: Australia, Canada, Denmark, Finland, France, Germany, Israel, Italy, Japan, New Zealand, Norway, Sweden and the UK. After ten years of wireless phone use (i.e., cell phone plus cordless phone use), the risk of glioma doubles and after 25 years, the risk triples (Hardell et al, 2013).

Although the U.S. does not conduct research on wireless phone use and tumor risk in humans and does not participate in any of the international studies, there is no reason to believe that Americans are immune to these potential effects of wireless phone use.


In sum, the peer-reviewed research on brain tumor risk and wireless phone use strongly suggests that we should exercise precaution and keep cell phones and cordless phones away from our heads. Moreover, the research calls into question the adequacy of national standards and international guidelines that limit our exposure to radiation from wireless phones.

Thursday, August 20, 2015

Berkeley Cell Phone "Right to Know" Ordinance

Media coverage about the Berkeley cell phone "right to know" ordinance 
and the CTIA's lawsuit: http://bit.ly/berkeleymedia 

August 21, 2015

On August 20, the U.S. District Court in San Francisco held a hearing on the CTIA's motion for a preliminary injunction to block implementation of the Berkeley cell phone "right to know" ordinance.  The presiding judge was Edward Chen. The CTIA was represented by former U.S. Solicitor General Theodore Olson, and the City of Berkeley was represented by Harvard Law Professor Lawrence Lessig. 

Judge Chen is likely to issue a decision about the injunction within the next few weeks.

I took six pages of notes at the hearing. In my opinion the following news stories provide the most accurate summary of the hearing:

Bob Egelko, SF Gate, Aug 20, 2015  (This article appeared in the San Francisco Chronicle, Aug 21, 2015.)
Jessica Aguirre, NBC Bay Area, Aug 20, 2015 
Lance Knobel, Berkeleyside, Aug 21, 2015 

For links to other media coverage about the hearing and the ordinance see http://bit.ly/berkeleymedia.


August 18, 2015

Should the City of Berkeley have the right to require 
cell phone retailers to provide the following safety notice to their customers? 
Why is the CTIA trying to suppress this 82-word notice?





July 21, 2015

On July 20, the CTIA filed with the Court its reply to the City of Berkeley. The CTIA wants the Court to issue a preliminary injunction that would block implementation of the cell phone “right to know” ordinance until the lawsuit is resolved. 

The CTIA claims that the ordinance should be subjected to “heightened scrutiny” and does not achieve “any substantial or even legitimate government interest.” Other CTIA claims include the ordinance is “misleading, not purely factual,” and that it is “controversial, “unduly burdensome,” and unlike other consumer disclosures. The CTIA argues that the ordinance is preempted by Federal regulation, and that members of the CTIA will be “irreparably injured if the ordinance is enforced.” Finally, the CTIA claims that the“injunction will not harm the City,” and would serve the public interest.


July 16, 2015

A hearing on the CTIA's motion for a preliminary injunction to block implementation of the Berkeley cell phone "right to know" ordinance is scheduled for August 20 in the U.S. District Court in San Francisco. The hearing will be held in Courtroom 5 at 1:30 PM.  The Honorable Edward M. Chen is the presiding judge. 

The case number is 3:15-cv-02529. Legal filings are available from the U.S. Court ArchivePlainSiteand Law360.


On July 13, the Natural Resources Defense Council (NRDC) petitioned the Court for the right to file a "friend of the court" brief in opposition to the CTIA's motion for a preliminary injunction.


The NRDC is a nonprofit environmental and public health advocacy organization with more than 2 million members including 1,244 members who reside in Berkeley. The NRDC is "One of the nation's most powerful environmental groups" according to the New York Times.

The proposed brief makes the following arguments:
"Part of NRDC’s mission is to protect public health by minimizing human exposure to harmful substances. Regulations like Berkeley’s radiofrequency exposure right-to-know ordinance are important to advancing that goal: after all, an individual cannot choose whether to minimize her exposure if she does not know that it is occurring.
The logic of Plaintiff’s First Amendment claim, if accepted, would undermine not just the Berkeley right-to-know ordinance, but legions of risk-disclosure rules that apprise the public of exposures that they might not otherwise discover. Many rules that NRDC, on behalf of its members, has long supported and advanced could be swept away."   (1)

The NRDC further argues that the Court should not be put in the position of answering questions like "How safe is safe enough? and "How risky is too risky? This task falls within the institutional expertise of legislatures and regulators. Finally, the NRDC argues that "Mandatory disclosure of environmental and health risks is crucial to protecting the public's safety and individuals' autonomy."  (1)

Reference

(1) National Resources Defense Council. CTIA v City of Berkeley. "[Proposed] brief of amicus curiae National Resources Defense Council in opposition to plaintiff's motion for preliminary injunction." US District Court for Northern District of California. Case No. C15-02529 EMC. July 13, 2015. 



July 6, 2015

The City of Berkeley filed its response to the CTIA's challenge of the City's cell phone "right to know" consumer disclosure ordinance. 

The City makes the following arguments why the Court should not grant the CTIA's request for an injunction that would block enforcement of the ordinance: 
  • the City has a substantial interest in providing the consumer disclosure to inform its residents about proper cell phone use; 
  • the mandated disclosure is accurate, factual and noncontroversial; 
  • the ordinance does not violate the First Amendment and is not preempted by Federal law;
  • the disclosure is not burdensome for cell phone retailers;
  • the CTIA's members will not be harmed if the ordinance is enforced; 
  • and interfering with the ordinance is not in the public interest.
The response was submitted by Berkeley City Attorney Zach Cowan, Harvard Law Professor Lawrence Lessig, Yale Law Professor and Dean Robert Post, and Yale Law Ph.D. candidate Amanda Shanor.  Declarations of support for the ordinance were filed by Anthony Miller, Om Gandhi, Tom Jensen, and Sandra Cortesi.

The introduction to the brief summarizes the City's position:
CTIA has launched a war based on a mistake. It labors hard to paint Berkeley’s “right to know” Ordinance as an attack on settled science. It objects with vigor to being “compelled,” as it puts it, to spread a view about cell phone safety that it claims is “scientifically baseless and alarmist,” And it links Berkeley’s motives, as it describes them, to the “unsupported proposition that cell phones are unsafe.”

 But Berkeley has no purpose to engage a scientific debate through political means. Its Ordinance simply reinforces a message that the Federal Communications Commission (“FCC”) itself already requires manufacturers to disseminate.
The FCC has since 2001 encouraged—and now requires—manufacturers to “include information in device manuals to make consumers aware of the need to maintain the body-worn distance —by using appropriate accessories if they want to ensure that their actual exposure does not exceed the [Specific Absorption Rate (“SAR”)] measurement obtained during testing.”
The Ordinance is a response to data demonstrating that Berkeley residents are unaware of the information that the FCC desires them to have. Berkeley residents do not understand that cell phones are tested at a “body-worn distance” and are not aware that carrying a phone against one’s body “might result” in “exposure in excess of [FCC] limits” … The Ordinance also responds to data that a significant proportion of Berkeley residents want this information (82%) and said that it would affect their behavior (80%). The Ordinance thus answers a desire of Berkeley residents to have the information about RF exposure limits that the FCC wants them to have.

Yet on the basis of a single paragraph in a single FCC Notice of Inquiry cited by Plaintiff more than a dozen times, CTIA insists that no government can have any legitimate purpose in making consumers aware of long established RF guidelines—the very instructions and mandates that CTIA’s members must meet and must disclose—because, in CTIA’s view, these precautions are too cautious.

Regardless of how cell phones are used, in CTIA’s view, cell phones must be deemed safe. And any effort to draw the public’s attention to the actual manner in which cell phones were tested to be safe in effect, Plaintiff maintains, slanders CTIA’s members. But a single paragraph in a single FCC Notice of Inquiry cannot establish such an extraordinary proposition. Neither was it meant to. The whole purpose of the FCC Notice  is to initiate an inquiry into whether the FCC should alter its limits for RF radiation, by either strengthening or weakening them. The FCC does not begin an inquiry by announcing its results. FCC mandates about cell phone RF limits and the disclosure of information about those limits are the law. So long as that is true, nothing in the First Amendment blocks Berkeley from requiring retailers to inform customers about those mandates as well. The Ordinance requires the disclosure only of uncontested statements of fact that refer to existing federal requirements ....
Important filings in the case are available on Scribd at http://bit.ly/CTIABerkeleyfile.


June 9, 2015


On June 8, 2015, CTIA—The Wireless Association filed a lawsuit and a motion for an injunction in the Federal District Court in Northern California against the City of Berkeley to block the city’s cell phone “right to know” ordinance. This model law which was drafted by two of nation's leading legal scholars was designed to withstand legal challenges from industry.

The CTIA’s lawsuit claims that the ordinance violates the First Amendment rights of cell phone retailers in the City of Berkeley:

“The Ordinance compels retailers of cell phones to issue to their customers a misleading, controversial, and government-crafted statement about the “safety” of cell phones. The statement conveys, by its terms and design, the City’s view that using cell phones in a certain way poses a risk to human health, particularly to children. That compelled speech is not only scientifically baseless and alarmist, but it also contradicts the federal government’s determination that cell phones approved for sale in the United States, however worn, are safe for everyone.”
“…the FCC—consulting with expert federal health and safety agencies and drawing from international standards-setting bodies—has carefully reviewed the scientific studies that have examined cell phones for possible adverse health effects, including health effects from the radio waves—a type of radiofrequency energy (“RF energy”)—that cell phones emit in order to function. The FCC has determined, consistent with the overwhelming consensus of scientific authority, that “[t]here is no scientific evidence that proves that wireless phone usage can lead to cancer or a variety of other problems, including headaches, dizziness or memory loss.” FCC, FAQs –Wireless Phones, available at https://goo.gl/ZrKBly.
“…The FCC’s guidelines are highly conservative: they are set 50 times below the threshold level of RF energy that has been shown to cause potential adverse health effects in laboratory animals, and assume that a cell phone is operating at its maximum certified power setting (even though cell phones rarely use the full extent of their power) … As the FCC recently put it, ‘[t]his ‘safety’ factor can well accommodate a variety of variables such as different physical characteristics and individual sensitivities—and even the potential for exposures to occur in excess of our limits without posing a health hazard to humans.’ …
“Thus, according to the FCC, ‘exposure well above the specified [FCC’s] limit should not create an unsafe condition.’”
“By using words and phrases such as ‘assure safety,’ ‘radiation,’’potential risk,’ ‘children,’ and ‘how to use your phone safely,’ the City’s unsubstantiated compelled disclosure is designed to convey a particular message that will stoke fear in consumers about the dangers of cell phones: ‘Do not carry your cell phone in your pants or shirt pocket, or in your bra, when powered ON and connected to the wireless network, because by doing so, you may absorb more RF radiation than is safe, as determined by the Federal Government. The risk of exposure to unsafe levels of RF energy is greater for children.’”
“But CTIA’s members do not wish to convey that message, because it is not true. As explained above, the FCC has stated that even where the RF emissions limit is exceeded, there is ‘no evidence that this poses any significant health risk.’ It has also concluded that RF energy from FCC-approved cell phones poses no heightened risk to children. Berkeley’s compelled disclosure is misleading because it fails to explain that the FCC guidelines already take account of the fact that consumers may use cell phones in different ways, and that cell phones are used by people of different ages and different sizes. In short, when a cell phone is certified as compliant with the FCC’s guidelines, that phone is safe, however it is worn, even if a particular usage results in exposure ‘well above’ the limit.”
“The City, which concededly lacks any evidence that exposure to RF emissions from FCC-approved cell phones at levels in excess of the FCC’s guidelines presents a safety issue, cannot meet its heavy burden under the First Amendment to justify compelling CTIA’s members’ speech, under any applicable standard of review.”
“Moreover, if the Ordinance is allowed to stand, other local governments will soon follow the City’s lead, resulting in a crazy-quilt of tens of thousands of inconsistent ‘disclosure’ obligations across the country. The result will be more compelled speech (and very likely self-contradictory speech), as well as widespread and unwarranted consumer confusion and anxiety about the safety of cell phones.”
“For these reasons, and as more fully described below, Berkeley’s Ordinance violates the First Amendment because it will require CTIA’s members to convey a message to which they object, and which is factually inaccurate, misleading, and controversial.”
“Berkeley’s Ordinance is also preempted by federal law because it would stand as an obstacle to the careful balance that the FCC has devised between protecting consumer safety and supporting the growth of mobile wireless service.”
The CTIA also filed a motion for a preliminary injunction to petition the Court to block implementation of the cell phone "right to know" law:
"... CTIA respectfully requests that this Court preliminarily enjoin all Defendants from enforcing or causing to be enforced Berkeley Municipal Code Chapter 9.96 before the Ordinance goes into effect on June 25, 2015, pending final judgment."
The lead attorney for the CTIA is Theodore Olson, a former United States Solicitor General who is best known for representing presidential candidate George W. Bush in the Supreme Court case Bush v. Gore, which ended the recount of the contested 2000 Presidential election. He is currently working for Gibson, Dunn & Crutcher.

Lawrence Lessig, director of the Edmond J. Safra Center for Ethics at Harvard University and professor of law at Harvard Law School, drafted the cell phone “right to know” ordinance along with Robert Post, dean and professor of law at Yale Law School.  Professor Lessig presented the ordinance to the Berkeley City Council on May 11 and offered to defend it pro bono against any legal challenges. 

The CTIA lawsuit is available at http://bit.ly/CTIAfiling6-8-2015.

The Berkeley Cell Phone "Right to Know" ordinance is available at: 

The court filings for the lawsuit, "CTIA - The Wireless Association v. City of Berkeley et al." (Case Number 3:150-cv-02529), are available at Law 360.


June 4, 2015

The Berkeley cell phone "right to know" ordinance takes effect on June 25th, 30 days after its second reading.

May 26, 2015

The Berkeley City Council adopted the Cell Phone "Right to Know" Ordinance after a second reading this evening.
Requiring Notice Concerning Carrying of Cell Phones; Adding BMC Chapter 9.96
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,404-N.S. requiring cell phone retailers to provide a notice with each sale or lease concerning the carrying of cell phones, and adding Berkeley Municipal Code Chapter 9.96.
First Reading Vote: All Ayes.
Financial Implications: Staff time
Contact: Zach Cowan, City Attorney, 981-6950
Action: Adopted second reading of Ordinance No. 7,404-N.S.
Excerpt from the Ordinance:
A Cell phone retailer shall provide to each customer who buys or leases a Cell
phone a notice containing the following language:
"The City of Berkeley requires that you be provided the following notice:
To assure safety, the Federal Government requires that cell phones meet
radio frequency (RF) exposure guidelines. If you carry or use your phone
in a pants or shirt pocket or tucked into a bra when the phone is ON and
connected to a wireless network, you may exceed the federal guidelines
for exposure to RF radiation. This potential risk is greater for children.

Refer to the instructions in your phone or user manual for information
about how to use your phone safely."

The entire text of the Ordinance is available at: http://bit.ly/Bklyordinance.

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May 18, 2015

Berkeley's Cell Phone "Right to Know" Ordinance (video)

Kevin Kunze, director and writer of the award-winning film, "Mobilize: a Film about Cell Phone Radiation," prepared a a 6 minute video about the adoption of the nation's only cell phone "right to know" ordinance by the City of Berkeley on May 12, 2015.

http://bit.ly/1Hf23Tq

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May 16, 2015

City of Berkeley to require cellphone sellers to warn of possible radiation risks

Lawmakers vote to highlight the potential dangers of keeping devices close to the body as scientists raise raft of concerns, especially for children 


Anita Chabria, The Guardian (UK), May 16, 2015


Note:

The article in The Guardian refers to EMFscientist.orgOn Monday, May 11th, 190 scientists from 39 nations submitted an appeal to the United Nations, the UN member states, and the World Health Organization (WHO) requesting they adopt more protective exposure guidelines for electromagnetic fields (EMF) and wireless technology in the face of increasing evidence of risk.*  

These exposures are a rapidly growing form of environmental pollution worldwide. 

 As of today the petition has been signed by 200 EMF scientists from 40 nations. Seventy non-governmental organizations (i.e. non-profits) have endorsed the Appeal.


*(e.g., power lines, cell phones, cordless phones, Wi-Fi, wireless devices, cell towers, wireless utility meters).

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May 12, 2015 

Berkeley Adopts Cell Phone "Right to Know" Ordinance on Unanimous Vote


This evening the Berkeley City Council adopted the cell phone "right to know" ordinance on a unanimous vote of 9-0.  Berkeley is the first city in the nation to pass a cell phone radiation ordinance since San Francisco disbanded its ordinance after a two-year court battle with the CTIA

Harvard Law Professor Lawrence Lessig helped draft the ordinance and presented it to the Council on behalf of city staff.

The only opposition to the ordinance came from the CTIA--The Wireless Association. The CTIA claims that consumers would be scared if they were directed to read the information that the FCC requires they provide to consumers.  



May 5, 2015

Berkeley residents want, deserve cellphone ‘right to know’

Ellen Marks, Berkeleyside, 

Ellen Marks is Executive Director of the California Brain Tumor Association.

<snip>


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May 1, 2015


Berkeley City Council: May 12, 2015 Meeting Agenda Item on Cell Phones

Action Calendar -- New Business

From: City Manager
Recommendation: Adopt first reading of an Ordinance requiring cell phone retailers to provide a notice with each sale or lease concerning the carrying of cell phones, and adding Berkeley Municipal Code Chapter 9.96.
Financial Implications: Staff time

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Excerpt from Proposed Cell Phone Ordinance

CHAPTER 9.96
REQUIRING NOTICE CONCERNING RADIO FREQUENCY EXPOSURE OF CELL PHONES

<snip>

Section 9.96.030 Required notice

A. A Cell phone retailer shall provide to each customer who buys or leases a Cell phone a notice containing the following language:

The City of Berkeley requires that you be provided the following notice: To assure safety, the Federal Government requires that cell phones meet radio frequency (RF) exposure guidelines. If you carry or use your phone in a pants or shirt pocket or tucked into a bra when the phone is ON and connected to a wireless network, you may exceed the federal guidelines for exposure to RF radiation. This potential risk is greater for children. Refer to the instructions in your phone or user manual for information about how to use your phone safely.

B. The notice required by this Section shall either be provided to each customer who buys or leases a Cell phone or shall be prominently displayed at any point of sale where Cell phones are purchased or leased. If provided to the customer, the notice shall include the City’s logo, shall be printed on paper that is no less than 5 inches by 8 inches in size, and shall be printed in no smaller than a 18-point font. The paper on which the notice is printed may contain other information in the discretion of the Cell phone retailer, as long as that information is distinct from the notice language required by subdivision (A) of this Section. If prominently displayed at a point of sale, the notice shall include the City’s logo, be printed on a poster no less than 8 ½ by 11 inches in size, and shall be printed in no small than a 28-point font. The City shall make its logo available to be incorporated in such notices.

C. A Cell phone retailer that believes the notice language required by subdivision (A) of this Section is not factually applicable to a Cell phone model that retailer offers for sale or lease may request permission to not provide the notice required by this Section in connection with sales or leases of that model of Cell phone. Such permission shall not be unreasonably withheld.

http://www.ci.berkeley.ca.us/Clerk/City_Council/2015/05_May/Documents/2015-05-12_Item_29_Requiring_Notice.aspx

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April 30, 2015

PRESS RELEASE

​​Survey of Berkeley Residents Affirms Need for City to Adopt Cell Phone “Right to Know” Ordinance on May 12

Berkeley, Calif. April 30, 2015. Eighty-two percent (82%) of adults in Berkeley, California reported in a recent survey that they want to be informed when they purchase a cell phone about the manufacturer’s recommended minimum distance that the phone should be kept from the user’s body.

On May 12, the survey results will be officially presented to the Berkeley City Council when the Council votes on a Cell Phone “Right to Know” ordinance.

The proposed Cell Phone Right to Know legislation requires cell phone retailers to provide a city-prepared handout to each consumer at the point of sale that advises them of their phone’s manufacturers’ own directive to never wear or use a cell phone against their body when on (as in a shirt or pants pocket or tucked into a bra). This manufacturer’s separation distance use advisory which is required by the Federal Communications Commission is currently located in the legal fine print of user manuals or on the phone in text menus which are difficult to find. 

 
If the Council adopts the ordinance, Berkeley will become the only city in the U.S. to require retailers to provide consumers with this important safety information.

Harvard Law Professor Lawrence Lessig who helped draft the ordinance will present it to the Council on behalf of City staff. Professor Lessig has offered to defend the ordinance
pro bono should the CTIA—The Wireless Association file a lawsuit against the City.

Other key survey findings:

  • Fully, 70% of Berkeley adults were unaware that the government’s radiation tests to assure the safety of cell phones assume that the phone would not be carried against the user’s body, but instead would be held at least 1 to 15 millimeters from the user’s body.
  • Two out of three (66%) were unaware that cell phone manufacturers recommend that their cell phones be carried away from the body, or used with hands-free devices.
  • Fewer than one in six (15%) have seen the recommendations by cell phone manufacturers about how to best protect against overexposure to cell phone radiation.
  • Almost three out of four (74%) reported that they or their children carry a cell phone against their body—tucked in a shirt or pants pocket while the phone is switched on.

Lisa Bailey, M.D., past president of the California Division of the American Cancer Society and a breast cancer surgeon at Alta Bates Medical Center, strongly supports the ordinance:

“We have had some anecdotal cases in which the woman’s breast cancer develops directly below the area where her cell phone was carried. I believe that the public has the right to know that there may be potential risks and to use their phone in a way to reduce potential harm. I urge the Berkeley City Council to provide such information to their constituents.”

Recent peer-reviewed research has found that cell phone radiation causes sperm damage. The authors of a systematic review and meta-analysis of ten studies on the effects of mobile phone radiation on human sperm quality concluded that, "Our analyses indicate negative associations between mobile phone exposure on sperm viability and motility.” (Adams et al., 2014).

Several peer-reviewed papers have recommended that cell phones should not be carried or used directly against the body as in a pants pocket. For example:
  • “Keeping the cell phone in a trouser pocket in talk mode may negatively affect spermatozoa and impair male fertility” (Agarwal et al. 2009).
  • “Overall, these findings raise a number of related health policy and patient management issues that deserve our immediate attention. Specifically, we recommend that men of reproductive age who engage in high levels of mobile phone use do not keep their phones in receiving mode below waist level” (De Iuliis et al., 2009).

The City Council meeting will be held 7:00 PM on May 12 in the City Council Chambers at 2134 Martin Luther King Jr. Way, Berkeley. Supporters of the ordinance will hold a rally in front of the building at 6:00 PM.

The survey of Berkeley residents was conducted by Public Policy Polling of Raleigh, North Carolina from March 6-8, 2015. The survey was funded by the ​California Brain Tumor Association.
Ellen Marks, Executive Director, California Brain Tumor Association

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April 28, 2015

On Tuesday, May 12, the Berkeley City Council will vote on becoming the first city in the nation to enact legislation to give consumers information at the point of sale as to the recommended distance information which is currently hidden in the cell phone or in the manual. Harvard Law Professor Lawrence Lessig helped draft the ordinance and will be at the meeting to present it to the Council.


Advocates for the ordinance will hold a rally in front of City Hall at 6 PM.

For more information see Berkeleyside Events Calendar.

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March 27, 2015

NBC Bay Area aired a four minute news story on the 11:00 news, "Documentary 'Mobilize' Examines Cell Phone Dangers," about the Berkeley cell phone ordinance and the feature-length documentary, "Mobilize: A Film about Cell Phone Radiation."

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March 10, 2015

The cell phone "right to know" ordinance will be on the agenda of the Berkeley City Council meeting on Tuesday, May 12. 

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November 21, 2014

On November 18, the Berkeley City Council adopted a referral to the City Manager on a 7-2 vote. The referral asks the City Manager to draft a cell phone “right to know” ordinance. 

Once this ordinance is enacted, Berkeley will become the first city in the nation to require cell phone retailers to provide those who purchase a new phone an informational fact sheet. Retailers will be required to provide the fact sheet to those who purchase a cell phone which informs them to read the user manual to learn the cell phone’s minimum separation distance from the body.

The FCC requires manufacturers to provide this information to ensure that the consumers’ cell phone radiation exposure does not exceed the amount when the cell phone was tested. Few consumers are currently aware of this safety information because it is buried in their user manual or within their smart phone. Knowledge of this information is an important step in increasing awareness that cell phones should not be used next to the body.

Councilman Max Anderson who sponsored the referral grilled the CTIA representative, Gerard Keegan, about why the industry does not want consumers to see the safety information that the FCC mandates. The CTIA position is that this is between the FCC and the industry, and the FCC is in the process of deciding whether this information is necessary so the City should not act on this issue.

The referral directs the City Manager to ask City Attorney Zach Cowan and Harvard Law Professor Lawrence Lessig to draft the ordinance.

A video of the meeting is now available for streaming (see 01:44:50 - 03:36:25).

Summaries of the meeting have been published by The Daily Californian and the Contra Costa Times.

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November 10, 2014

The Berkeley City Council postponed discussion of the cell phone "right to know" ordinance until Tuesday, November 18, 2014.
City Manager Referral: Cell Phone Ordinance Referral to City Manager (Continued from October 28, 2014)
From: Councilmember Anderson
Recommendation: Refer to City Manager for the creation of an ordinance to have cell phone retailers give to consumers who purchase a phone, a factual, informational handout referring the user to their cell phone manufacturers' disclosure regarding the recommended separation distance for use against the body.
Financial Implications: See report
Contact: Max Anderson, Councilmember, District 3, 981-7130
http://bit.ly/1EvJvPz

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October 15, 2014

Press Release: Berkeley's Proposed Cell Phone "Right to Know" Ordinance

http://www.prlog.org/12383163

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October 10, 2014

This cell phone "right to know" ordinance is on the consent calendar for the Berkeley City Council meeting to be held on Tuesday, October 28, 2014. The referral and briefing document are available at http://bit.ly/BerkeleyReferral.

City Manager Referral: Cell Phone Ordinance Referral to City Manager
From: Councilmember Anderson; Councilmember Worthington
Recommendation: Refer to City Manager for the creation of an ordinance to have cell phone retailers give to consumers who purchase a phone, a factual, informational handout referring the user to their cell phone manufacturers' disclosure regarding the recommended separation distance for use against the body.
Financial Implications: See report
Contact: Max Anderson, Councilmember, District 3, 981-7130
The advisory will be in the form of an informational handout to be handed to consumers by the retailer at the time of purchasing a cell phone. The proposed wording is as follows:  
"The Federal Government requires that cell phones meet radio frequency (RF) exposure guidelines. Don't carry or use your phone in a pants or shirt pocket or tucked into a bra when the phone is turned ON and connected to a wireless network. This will prevent exposure to RF levels that may exceed the federal guidelines."
"Refer to the instructions in your phone or user manual for the recommended separation distance."

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Precaution or Paranoia? Berkeley May Require Cancer Warning Stickers for Cell Phones

Sabin Russell, California Magazine, August 19, 2014

[An indepth article about the science and  politics underlying the proposed Berkeley cell phone ordinance--research on cancer risk and fetal effects on neurological development is discussed.]

Just as the world supply of mobile phones is reaching one unit for every human being on Earth, here comes Berkeley, with a warning: These things could be hazardous to your health ...
Stakes in this argument are extraordinarily high. Cell phones are radio transmitters that are not only ubiquitous, they are close at hand: We press them against our ears. We store them in our pants pockets. Women slip them into their bras. Teens sleep with them under their pillows. With the adult market nearly saturated, the big growth opportunity for mobile devices is children.
“In our so­ci­ety, the pre­cau­tion­ary prin­ciple does not res­on­ate well. We want to see a body count first.” 
The CTIA statement builds a case that the “scientific consensus” is firmly in their camp. In fact, the two-word term appears 28 times in their filing. They quote numerous federal agencies asserting a lack of evidence that cell phone radiation can cause harm. Among them is the FCC itself, the FDA, and most notably, the National Cancer Institute, which states on its web site that “there is no evidence from studies of cells, animals, or humans that radiofrequency energy can cause cancer.
Moskowitz dismisses the endorsements. “Industry and government agencies seem to be in denial, and have been in that frame of mind for decades,’’ he says.
... Cell-phone makers in their fine print do advise keeping these devices about a half-inch away from your body, although there is no mention of it in an industry-written parents’ guide to cell phone safety.
And meanwhile, let’s face it: We just love these little appliances. They are changing the way we live. If they are changing the way we die, we’ll find out, eventually.
http://bit.ly/1p7158O

Also see:
Eric Schultz. Killer App: A Berkeley researcher weighs in on cell phones and cancer. California Magazine. Winter 2010.  http://bit.ly/1kSu5z5

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Berkeley pushes for cancer warning stickers on cell phones

Carolyn Jones, SFGate, Jul 15, 2014 (updated)

Print version: "CELL PHONE ORDINANCE: Berkeley will fight for cancer warnings," San Francisco Chronicle, Jul 15, 2014, pg. A - 1

Berkeley, undaunted by abandoned efforts in San Francisco, is attempting to become the first city in the nation to require retailers to put stickers on cell phone packaging warning people that the devices may emit cancer-causing radiation ...
Joel Moskowitz, head of UC Berkeley's Center for Family and Community Health, has no such indecision. He's been studying the issue since 2009, and has concluded that cell phones are "one of the top emerging public health risks." 
Studies cited by the cell phone industry are outdated, he said. Newer and more complex wireless technology, coupled with people spending increasing amounts of time on their phones, is almost certain to lead to an uptick in brain cancer, he said.
"It's just a matter of time," he said. "The evidence is a lot more compelling than it has been."
Radiation from cell phones penetrates the skin and skull and absorbs into the brain tissue, having an adverse affect on cells, he said. Phone radiation can also affect sperm count among men who carry phones in their pockets, he said.
Consumers should wear headsets, use the speaker feature and otherwise keep phones away from their bodies, he said.
"With cell phones, distance is your friend," he said.
Pregnant women and children are particularly vulnerable, he said.
A warning sticker should advise consumers that some studies link cell phones to rare but serious cancers, and they should take precautions, he said ...