The wireless industry isn't celebrating a victory yet, despite a federal appeal court ruling that struck down San Francisco's attempt to force cell phone retailers to distribute radiation warning materials with each phone purchased.
The CTIA, the industry's trade association, remained quiet on the ruling. A spokesperson for the CTIA said that the group had no comment on the ruling, which came down yesterday. The court said the city couldn't make merchants promote a message they disagree with.
The CTIA is no doubt waiting to see what San Francisco is going to do next.
The city can either ask the 9th Circuit Court or the U.S. Supreme Court to review the case, or go back to the U.S. District Court to have a full-fledged trial. There's also a third option -- the city could simply give up.
The city hasn't said if it's decided its next course of option, but San Francisco has adamantly defended its first-of-a-kind ordinance, which aims to educate consumers about radiation levels associated with cell phones. Cities and counties across the nation have been watching the case to see how it will affect their own proposed ordinances regarding radiation warning materials.
During a hearing last month, an attorney for the CTIA called San Francisco's ordinance, which was suppose to go into effect last October, "laughable" and said the worksheets contained misleading information.
San Francisco's defense argued that the city should be able to warn its residents about possible health risks.