Law Firm Sues Apple and Samsung, Claiming Phones Exceed Radiofrequency Radiation Safety Levels

Chicago-based law firm Fegan Scott has levied a lawsuit against both Apple and Samsung, claiming that independent testing suggests the radiofrequency radiation levels in recent smartphones "far exceeded the federal limits" when used "as marketed by the manufacturers."

The basis for this lawsuit dates back to August, when The Chicago Tribune launched an investigation into the radiofrequency radiation levels output by popular smartphones.

rftestiphone7

RF Radiation Testing Results from a Chicago Times Investigation in August

The paper hired an accredited lab to test several smartphones according to federal guidelines, and found that some of Apple's iPhones are allegedly emitting radiofrequency radiation that exceeds safety limits.

Apple disputed the results and in a statement, said that the testing was inaccurate "due to the test setup not being in accordance with procedures necessary to properly assess the ‌iPhone‌ models."

"All ‌iPhone‌ models, including ‌iPhone‌ 7, are fully certified by the FCC and in every other country where ‌iPhone‌ is sold," the statement said. "After careful review and subsequent validation of all ‌iPhone‌ models tested in the (Tribune) report, we confirmed we are in compliance and meet all applicable ... exposure guidelines and limits."

At the time, the FCC said that it would launch its own investigation into the results, and a day after The Chicago Tribune published its findings, the Fegan Scott law firm pledged to launch its own investigation into the claims.

Fegan Scott enlisted an FCC-accredited laboratory to do its own testing of six smartphone models at distances ranging from zero to 10 millimeters to measure the radiofrequency radiation emitted when touching or in close proximity to the body.

The lab that did the testing claims that at two millimeters, the ‌iPhone‌ 8 and Galaxy S8 were "more than twice the federal exposure limit" and at zero millimeters, the ‌iPhone‌ 8 was "five times more than the federal exposure limit."

After receiving the results, Fegan Scott has decided to launch an official lawsuit against both Apple and Samsung covering the ‌iPhone‌ 7 Plus, the ‌iPhone‌ 8, the ‌iPhone‌ XR, the Galaxy S8, the Galaxy S9, and the Galaxy S10. From attorney Beth Fegan:

"Apple and Samsung smartphones have changed the way we live. Adults, teenagers and children wake up to check their email or play games and do work or school exercises on their smartphones. They carry these devices in their pockets throughout the day and literally fall asleep with them in their beds."

"The manufacturers told consumers this was safe, so we knew it was important to test the RF radiation exposure and see if this was true. It is not true. The independent results confirm that RF radiation levels are well over the federal exposure limit, sometimes exceeding it by 500 percent, when phones are used in the way Apple and Samsung encourage us to. Consumers deserve to know the truth."

According to Fegan Scott, the testing conducted by the lab reflects "actual use conditions" rather than the "conditions set by manufacturers," which means the testing was likely not done in the same way that Apple does its own internal testing. Apple, for example, tests at 5mm, not 0mm and 2mm.

The Chicago Tribune's original testing was done in a manner to simulate the worst possible scenario, with the phone operating in low signal and full power to create the maximum radiofrequency radiation level. It's not clear how the law firm's testing was carried out.

There is no evidence that radiofrequency radiation levels above the federal limits have the potential to cause harm, so consumers should not be alarmed at this time. The FCC is doing its own independent testing and those results should provide more insight into the safety of smartphones.

Apple tells its customers worried about radiofrequency radiation exposure to use a hands-free option, and some past ‌iPhone‌ models have included recommended carrying distances. With the ‌iPhone‌ 4 and 4s, for example, Apple said the smartphones should be held at least 10mm away from the body, and there was a similar suggestion made for the ‌iPhone‌ 7.

The lawsuit is seeking damages from Apple as well as funds to pay for medical monitoring.

Popular Stories

iPhone 17 Pro 3 4ths Perspective Aluminum Camera Module 1

New iPhone 17 Pro Details: Brighter Display, Best Battery Life, and More

Wednesday September 3, 2025 5:33 am PDT by
Apple's iPhone 17 Pro and iPhone 17 Pro Max models will feature a number of significant display, thermal, and battery improvements, according to new late-stage rumors. According to the Weibo leaker known as "Instant Digital," the iPhone 17 Pro models will feature displays with higher brightness, making it more suitable for use in direct sunlight for prolonged periods. The iPhone 16 Pro and...
iPhone 17 Pro Iridescent Feature 2

iPhone 17 Pro Clear Case Leak Reveals Three Key Changes

Sunday August 31, 2025 1:26 pm PDT by
Apple is expected to unveil the iPhone 17 series on Tuesday, September 9, and last-minute rumors about the devices continue to surface. The latest info comes from a leaker known as Majin Bu, who has shared alleged images of Apple's Clear Case for the iPhone 17 Pro and Pro Max, or at least replicas. Image Credit: @MajinBuOfficial The images show three alleged changes compared to Apple's iP...
iphone 16 pro ghost hand

iPhone 17 Pro: 5 Reasons Not to Upgrade This Year

Monday September 1, 2025 4:35 am PDT by
Apple will launch its new iPhone 17 series this month, and the iPhone 17 Pro models are expected to get a new design for the rear casing and the camera area. But more significant changes to the lineup are not expected until next year, when the iPhone 18 models arrive. If you're thinking of trading in your iPhone for this year's latest, consider the following features rumored to be coming to...
iPhone 17 Pro Iridescent Feature 2

iPhone 17 and iPhone 17 Pro Prices Estimated Ahead of Apple Event Next Week

Tuesday September 2, 2025 1:50 pm PDT by
Just one week before Apple is expected to unveil the iPhone 17 series, an analyst has shared new price estimates for the devices. Here are J.P. Morgan analyst Samik Chatterjee's price estimates for the iPhone 17 series in the United States, according to 9to5Mac: Model Starting Price Model Starting Price Change iPhone 16 $799 iPhone 17 ...
iPhone 17 Pro Dark Blue and Orange

iPhone 17 Release Date, Pre-Orders, and What to Expect

Thursday August 28, 2025 4:08 am PDT by
An iPhone 17 announcement is a dead cert for September 2025 – Apple has already sent out invites for an "Awe dropping" event on Tuesday, September 9 at the Apple Park campus in Cupertino, California. The timing follows Apple's trend of introducing new iPhone models annually in the fall. At the event, Apple is expected to unveil its new-generation iPhone 17, an all-new ultra-thin iPhone 17...
iOS 18 on iPhone Arrow Down

Apple Preparing iOS 18.7 for iPhones as iOS 26 Release Date Nears

Sunday August 31, 2025 4:35 pm PDT by
Apple is preparing to release iOS 18.7 for compatible iPhone models, according to evidence of the update in the MacRumors visitor logs. We expect iOS 18.7 to be released in September, alongside iOS 26. The update will likely include fixes for security vulnerabilities, but little else. iOS 18.7 will be one of the final updates ever released for the iPhone XS, iPhone XS Max, and iPhone XR,...
iPhone 17 Pro on Desk Centered 1

Survey: Nearly 70% of Users Plan to Upgrade to iPhone 17

Monday September 1, 2025 8:24 am PDT by
A new survey has found that nearly seven in ten iPhone owners in the United States plan to upgrade to an iPhone 17 model, signaling strong demand ahead of Apple's expected unveiling of the devices at its September 9 keynote. Smartphone price comparison platform SellCell surveyed over 2,000 U.S.-based iPhone users in August to assess upgrade interest and brand loyalty before Apple's event....

Top Rated Comments

codewrangler Avatar
75 months ago
If true, they should be suing the FCC, since they blessed the devices for consumer use. You can't blame Apple or Samsung for complying with FCC radio power requirements. You need to change the standard that the FCC uses...this is baseless litigation.
Score: 30 Votes (Like | Disagree)
SVTmaniac Avatar
75 months ago
3.6 Roentgen. Not great, not terrible.
Score: 30 Votes (Like | Disagree)
zorinlynx Avatar
75 months ago

Exactly. I don't know how many times I've tried to explain to my dad that "emf" is on the opposite end of the spectrum of the radiation that can give you cancer - physics dictate that the worst that can happen to you from these frequencies is that you might get a little warm.
I wonder why nobody freaked out about this in the 80s and 90s when analog cellphones were transmitting an entire watt or more ERP, yet nobody got hurt by that. Modern phones put out a tiny fraction of that, and people are freaking out.

I'm so tired of this excessive paranoia.
Score: 16 Votes (Like | Disagree)
mrongey Avatar
75 months ago

Non-ionized radiation ::dropsmic::
Exactly. I don't know how many times I've tried to explain to my dad that "emf" is on the opposite end of the spectrum of the radiation that can give you cancer - physics dictate that the worst that can happen to you from these frequencies is that you might get a little warm.

Edit to add: They might have been able to get away with suing for damages because of exceeding the federal limits, but since they're asking to pay for medical monitoring, I wonder if they are going to have to try to prove that there is a medical danger from being exposed to this radiation (which they won't be able to do). It would be great if this turned into a high-profile case that finally laid this insanity to rest.
Score: 13 Votes (Like | Disagree)
Black Belt Avatar
75 months ago
Can I sue the universe for emitting radio radiation for the past 100 billion years with no government oversight?
Score: 13 Votes (Like | Disagree)
BornAgainApple Avatar
75 months ago
Non-ionized radiation ::dropsmic::
Score: 12 Votes (Like | Disagree)