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Court Rules Against FCC on Cellphone Safety. Agency Has Not Done Enough To Prove EMF Is Safe. What Environmental Health Trust Win Means

The FCC was trying to sweep the mounting evidence about the health dangers of cellphones under the rug. The District of Columbia Court Of Appeals said that's not okay.

The Environmental Health Trust's Devra Davis and Theodora Scarato and Edward Myers led the fight along with the Children's Health Defense 

When I talked to Theodora about the suit on our podcast she got right to the bottom line about the wireless EMF. " If you want to get to the core of the problem in the United States, the problem is that the limits that we have, the amount of radiation that we're allowed to be exposed to, those limits are not adequate. Those limits are not protective. They don't protect ... certainly don't protect children's developing brains. They don't protect adults either."

Listen to Theodora's conversation here.

Thank goodness The Environmental Health Trust was on it!

Back in 2019 the FCC chose not to update it's cellphone safety guidelines based on the guidance of Jeffrey Shuren from the FDA. The FCC declaration that adherence to current guidelines for cellphone radiation exposure posed no risk to health created an opening for a legal appeal. By January of 2020 The Environmental Health Trust along with Frank Clegg, former President of Microsoft Canada, filed the appeal in the District of Columbia Court Of Appeals.

"We have never undertaken legal suit of this kind, but we knew after a lot of consultation that this was really the right move, because we needed to address how the F.C.C had ignored the science, ignored the impacts to human health as well as insects, trees, bees, birds, and had not done, really, had not followed the law. That's what we're contending." said Theodora Scarato

Here's How The Science Was Ignored

Three years ago the FDA's Jeffrey Shuren, who's actually in charge of Radio Frequency Safety announced

"Based on our ongoing evaluation of this issue, the totality of the available scientific evidence continues to not support adverse health effects in humans caused by exposures at or under the current radiofrequency energy exposure limits"

Yes, he said that.  He was commenting on our own governments multi million dollar study from the National Toxicology Program cellphone radiation study that reported results in 2018.  After exposure to radiation from 2g and 3g phones-

  • Clear evidence of an association with tumors in the hearts of male rats. The tumors were malignant schwannomas.
  • Some evidence of an association with tumors in the brains of male rats. The tumors were malignant gliomas.
  • Some evidence of an association with tumors in the adrenal glands of male rats. The tumors were benign, malignant, or complex combined pheochromocytoma.

To me and perhaps to you. that's pretty compelling evidence that there could in fact be harmful effects from cellphones.  Especially when you look at other research studies, that are finding connections to infertility, cancer and other scary health effects.

But Jeffrey Shuren thought it wasn't that big of a deal.  He noted that control group rats didn't live as long as the rats that got exposed to radiation. He also said that the heart scchwannomas only happened to the male rats and besides, heart schwannomas(cancer) isn't very common in humans.  Okay. So?

So, then he basically concluded that because the NTP chose to expose rats to radiation from cellphones, and not humans, then really did the study results mean anything? 

"As scientists, we welcome new studies. Animal studies like this one contribute to our discussions on this topic, but we must remember the study was not designed to test the safety of cell phone use in humans, so we cannot draw conclusions about the risks of cell phone use from it"

No wonder the EHT said enough is enough and filed that legal appeal.

You can see the every detail of the appeal on the Environmental Trust Website.  Theodora told us in the podcast,

"Our legal appeal is stating that they need to follow the law and fully review the record. And the FCC is not a health and safety agency, so they can't make scientific determinations."

On that note, the FCC did say they were referring to Jeffrey's FDA statement.  Incredibly, the FDA only included studies from 2008 to 2018.  Only 10 years of studies.  If you personally read those studies, you might conclude, like me, that there is plenty of evidence on negative health effects.  Yet the FDA sent the all-clear message to the FCC and the FCC got to decide that you and me and our kids and their teachers and their friends and their grandmas and grandpas and so on and so on all get to be subjected and exposed to wireless radiation from devices.


A government agency that's supposed insure technology safety is really ignoring the huge body of cellphone radiation safety evidence because they are basing the standards on the "heating effect" of SAR of cellphones.

Theodora told us in the Thriving With Technology podcast, "Because, obviously, microwaves, this radiation is ... microwave radiation, you wouldn't want to cook your brain, so they try to keep it so that it's not damaging tissue. But I'm going to tell you, I mean, the cold, hard truth, if you look at the limits that we have from 1996, they're based on studies about 10 to 20 years prior. And it's not like they really even knew when there was heat damage. They thad these rodents and they had a rectal thermometer and they were trained to always press a lever for food when they were hungry. And they started heating the animals up and when the animals stopped pressing the lever for food, even though they were hungry, that's where the scientists said, "This is it! This is the level of harm.”

Can you believe the FCC did not update the cellphone safety standards?

 "It's crazy. I mean, it's shocking that that's what we're relying on, and now what's happened is all of these studies, these thousands of studies that show harm."

I'm so very happy that  the The Environmental Health Trust made this appeal.

"They need to ensure that there's been an adequate review of the record by people who have expertise in those areas. And we do not believe the FCC adequately showed that in their determination that the 1996 limits were safe, which they are not."  reminded Theodora Scarato.

So What Exactly Happened In This FCC Cellphone Safety Lawsuit?

The ruling was at the very least, a wake up call for all of us, including Telecom.

The court ruled that the FCC failed to consider the non-cancer evidence regarding the adverse health effects of wireless technology when it chose not to revise those 1996 guidelines.

So now the FCC has to provide an explanation for why it said that the current guidelines(from 1996) actually protect all of us from the harmful effects of Radio Frequency EMF.

The good thing is that the FCC has been asked to address the impact of wireless EMF Radiation on our kids.  It also has to address the impact of this invisible energy, this EMF  that comes from all our wireless devices, on the environment and what it does to us long term.

I do want you to know that the Court Of Appeals made a procedural ruling that focused on "the inadequacy of review" and the lack of "reasonable explanation" for the why the FCC terminated an inquiry without re-evaluating their standard on the effects of cancer. It did not rule that cellphone EMF Radio Frequency waves were dangerous, it just said the FCC has to go back and explain themselves for their choices and decisions.

So, there's so much more to do to get to the point where the FCC requires that cellphones- and all our wireless devices are made safer or come with a warning label or insist that cell towers come down or that safer phones are manufactured as Frank Clegg, the former President of Microsoft of Canada suggested.

For now as Shailene Woodley coined "It's Up to Us!"  We Got You!  As always, we are offering solutions below.

You can read more in the EHT press release here

Also. Tech Wellness supports The Environmental Health Trust with donations and we encourage you to help them out as well.  They  and the Children's Health Defense really are doing so much to bring the wireless safety issue to the forefront.

Safer Ways To use Wireless Cellphones and Devices: 20 Great Ways To Enjoy Technology and Avoid EMF Radiation.

    • Avoid WiFi exposure by placing the WiFi in a remote area of your home. See Best Place To Locate WiFi with Video 
    • Wire up! Wire your computer to a wired keyboard. Wire your mouse to the keyboard. Wire the Ethernet to you home. You can even Hard Wire Your Phone!  No WiFi energy exposure required. Fast and Secure Internet is a bonus when you do this.
    • Use the phone on Speaker Mode--or Use a Protected Wired Headset. We recommend the anti-radiation Airtube headset that we've tested to prevent emf from traveling through the wires to the head
    • When texting, avoid cellphone EMF by using a non-wireless stylus and putting that cellphone on a stand. Here's a video to show you the reduction of radiation exposure

    • Do not hold your cellphone and it's wireless energy when the phone is on. Use a stand
    • Carry your phone as far away from you as possible. Remember the Tech Wellness Mantra: Distance Is your Friend and Here's a cross body with a VERY long safer strap and the a Wrist Chain putting 8 inches between you and your phone. This Crossbody is my favoritecross body faraday
    • A beautiful way to put distance between the EMF energy from your beautiful body.
    • Turn your phone off or to airplane mode when not using
    • Turn off Blue tooth and WiFi functionality on your phone when not using  them to avoid being exposed to additional wireless RF
    • Be aware of the Bars on your Phone--they show you how hard it has to work to get signal. Fewer bars=higher RF radiation levels. Use the cellphone only when the signal is strong. Avoid using the phone while driving as the phone continually drops and receives signal causing higher power density level requirements.
    • Love Your AirPods- Re consider that Love And At The Very Least:
  1. Try wearing just one so both ears are not exposed to radiation. 
  2. Try just wearing them only when you're on a call as they are still emitting radiation any time they are looking for or waiting for a signal from the Bluetooth on your phone.
  3. Be aware, your phone is emitting radiation too--so if it's in your pocket or your hand, you're getting cellphone radiation and Bluetooth radiation from the phone and WiFi signal radiation too.
    • Turn your computer off, when not using it, to avoid EMF exposure. 
    • Turn your WiFi off when not using it, at least every night while you're sleeping.  Here's a great switch  to distance yourself from the WiFi router for EMF protection.


wifi switch


    • Manually Fetch emails and texts and then turn off your phone to read and reply.  You'll be protected from unnecessary EMF radiation
    • If you use your phone as camera or an alarm clock, you can do both with your phone in airplane mode and steer clear of RF radiation.
best no emf clock
    • Eliminate wireless devices from your life and enjoy low tech.
      • Use a wired thermostat
      • Use an analog clock
      • Eliminate wireless Apple watch use a traditional watch
      • Instead of Fitbit that works using Bluetooth-try a pedometer or a Fitness tracker that has some functionality without Bluetooth.
      • Don't use wireless appliances, speakers, wireless activated toys and gadgets
      • Have Your Smart Meter removed- Opt Out or Put A Cover on it to Eliminate most of the Wireless Radiation


      • Browse other ways to be mindful of RF radiation in our Body Section. You'll find EMF meters and other EMF protection  and of course, listen to our podcast where we further discuss the truth about cellphone radiation Dr. George Carlo:

      Thank you as always for visiting Tech Wellness.  If  you have any questions or comments, send them our way.  Also, take a look at the other great articles to the right of the page.

      Be Well!


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      1 comment

      • I think the pressing issue for most concerned about this is relating it to the COVID outbreak. The timing of the 5g deployment and COVID is quite interesting, as are the loads of military/government documents suggesting a link between health issues and EMFs/radiation. Let’s just cut straight to the chase and determine if there is a correlation.


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