Cell Phone Manufacturers Legal Responsibility Regarding Cell Phone Radiation

Introduction

There has been an increase in terms of health concerns about mobile phone radiation, particularly due to the global increase in the number of people that are now using wireless mobile telephony. Mobile phones utilize electronic radiation of the microwave variety, a fact that has prompted a number of researchers to speculate the possibility that this electromagnetic radiation might in fact be quite detrimental to the health of mobile phone users (Hardell, Carlberg and Söderqvist 627). On the basis of the consensus analysis of both the medical and scientific communities, the WHO (World Health Organization) has asserted that there is the likelihood of mobile phone users being diagnosed with cancer, as a result of using mobile phones. In addition, the medical and scientific reviews that have been released by the WHO have failed to realize convincing evidence that would point at additional health effects (Sage and Carpenter par. 4).

The expectation is that by December 2009, the WHO shall have provided recommendations regarding mobile phones. In the same breadth, a number of radiation advisory authorities at the national level have released recommended measures that if implemented, could play a significant role in reducing the rate at which citizens are exposed to mobile phone radiation. To date, scientific evidence has strived hard to no avail, to realize a hard connection between on the one hand, cell phones and on the other hand, cancer. Nonetheless, recent studies “are showing increased risk for brain and mouth tumors for people who have used cell phones for at least 10 years,” (Cauley par. 3). A number of lobbying associations within the wireless industry, notably CTIA, have offered their dissatisfaction with this statement, by contending that “scientific evidence has overwhelmingly indicated that wireless devices do not pose” a health risk (Cauley par. 5). This has only acted to further fuel the debate of whether or not cellphones are actually directly linked with the causation of cancer.

Consumer lobby groups are increasingly advising users to make a choice for these phones that “falls on the lower end of the (radiation) spectrum”, as a precautionary measure of reducing probable health problems. Impression, a phone model that has been designed by Samsung, ranks the lowest in the radiation spectrum, while Moto VU204 by Motorola has the highest, along with MyTouch, by T-Mobile. On the other hand, iPhone, by Apple has been categorized in the middle category.

According to FCC (Federal Communications Commission), the body that is charged with the responsibility of establishing cellphone radiation standards, the requirement is that all cellphone devices are subjected to a rating that is at or below 1.6W/kg (Cauley par. 6). Even so, the Environmental Working Group has argued that the standard that has been put in place by FCC it outmoded, seeing that this standard came into effect some 17 years ago, at a time when we had different wireless and cellphone usage patterns. In light of this, it is the intention of the group to see to it that the government commits itself to reviewing these radiation standards. At the moment, cellphone manufactures are not required by FCC to reveal the levels of radiation of the cellphones that they manufacture. Due to this, the ranking of various devices, on the basis of radiation levels for such models as Motorola KRZR, are yet to be included in FCC’s list (Cauley par. 5).

Health problems associated with use of cell phones

A study was carried out in Denmark and published in 2006 to explore the link between the use of mobile phones and incidences of cancer. This particular study followed more than 420,000 citizens of Denmark for a period of twenty years.

At the end of the follow-up period, the study participants did not manifest any signs of increased danger to the development of cancer (The New York Times par. 1). However, there are several research bodies, such as BfS (German Federal Office for Radiation Protection) who are of the opinion that this particular report released inconclusive findings. In a bid to assess the possible danger of developing cancer by users of mobile phones, there has been launched a project called INTERPHONE that involves a total of 13 countries. The project is based on the premise that the developmental stages of cancer usually take time. Accordingly, only those studies that take a period of more than 10 years may be regarded as being of interest. Nonetheless, there are quite a number of ‘long-term exposure studies’ that have thus far been published. In 2004, a study was carried out in Denmark for a period of more than 10 years, but it still could not arrive at a connection between the use of cellphones on the one hand, and the increased risk of cancer development, on the other hand (Cauley par. 5). In 2005, another study was completed in Sweden, and it reached at a conclusion that “”the data do not support the hypothesis that mobile phone use is related to an increased risk of glioma or meningioma.” (Khurana 3).

In the same year, another study carried out in Britain had this to say regarding its conclusive findings,” The study suggests that there is no substantial risk of acoustic neuroma in the first decade after starting mobile phone use. However, an increase in risk after longer term use or after a longer lag period could not be ruled out.” (The World Health Organization par. 5). Separately, a study was carried out in Germany, in 2006, and its findings indicated that “In conclusion, no overall increased risk of glioma or meningioma was observed among these cellular phone users; however, for long-term cellular phone users, results need to be confirmed before firm conclusions can be drawn.” (Sage and Carpenter 7). A research study that was carried out in northern Europe summarized its findings thus:” Although our results overall do not indicate an increased risk of glioma in relation to mobile phone use, the possible risk in the most heavily exposed part of the brain with long-term use needs to be explored further before firm conclusions can be drawn.” (Sage and Carpenter 8). An epidemiological study was undertaken at the Karolinska Institute in Sweden by a team of scientists in 2004, and it provided suggestions to the effect that when mobile phones are used on a regular basis for a period of over 10 years, it bore a correlation with the increased danger of mobile phone users being diagnosed with acoustic neuroma. This is a form of brain tumor that is benign in nature.

However, this study could not establish an increase in the level of risk to cancer for mobile phone users who had used the device for a period of time below 10 years (Sage and Carpenter 8). A Japanese study group by the name of INTERPHONE published the findings of a study that involved the association of brain tumors and the use of mobile phones. Compared to the preceding research studies, this one was somewhat unique, in the sense that it made use of a new approach. This new approach entailed the researchers assessing the SAR that is to be found within a tumor, by way of computing the absorption file of radiofrequencing waves within the exact location of a tumor. The researcher in this study then released a report that indicated how the cumulative OR (odds ratio) did not increase, in addition to an observation of a less important inclination towards the rising OR, relative to exposure, according to SAR measurements (Takebayashi, Varsier, Kikuchi, Wake, Taki, Watanabe, Akiba and Yamaguchi 653).

Working from the Swedish Orebro University, Dr. Lennart Hardell reviewed epidemiological research papers that had already been published. These epidemiological papers included case-control studies (16 in number), and 2 cohort studies. He was able to arrive at a number of conclusions (Takebayashi et al 655): first, Dr. Hardell revealed that users of cell phones were more susceptible to being diagnosed with malignant gliomas. Further, he found a connection between on the one hand, the use of cell phones and on the other hand, an increased acoustic neuromas risk. Furthermore, this study revealed that in the event that tumors occur in the head, chances are that they will mainly be located on that part of the head where a user listens to and makes calls on their cell phones. Dr. Hardell also arrived at the conclusion that when a cell phone user spend on average, one hour each day on the gadget, this had the potential to considerably increase the chances of them getting a tumor, within a period of ten or more years. The INTERPHONE study released its update findings in February 2008, by reiterating that in the long term, these findings ‘…could either be causal or artifactual, related to differential recall between cases and controls.’ (Takebayashi et al 656).

Lawsuits against cell phone manufacturers in the US

A number of leading cell phone manufacturers in the United States, amongst them NEC, Motorola, Nokia, and Siemens, have all had injury lawsuits filed against them by individual users of mobile phones, regarding the allegations that have been raised of the role that these gadgets could play in causing brain cancer to their users, and eventually, death. Expert testimony being delivered in the federal court within the United States can only proceed after undergoing scrutiny by a judge, to ascertain its validity and relevancy prior to its being considered as a source of evidence that is admissible. One of the lawsuit cases that had been filed against Motorola, the US-based cell phone makers, the allegations that were raised by the plaintiffs held that when wireless handheld gadgets are used, they have the potential to cause brain cancer. Further, one of the plaintiffs said that he had gotten cancer after having used a cell phone made by Motorola. In his ruling, the ruling that the judge delivered held that the case lacked relevant and reliable scientific evidence in favor of specific or general causation had been submitted by the plaintiffs to this case. Accordingly, the judge ruled in favor of acknowledging the motion that had been put forward by the defendant that the testimony by the plaintiff’s experts be excluded. As a result, the motion to, reject the defendant’s expert testimony was denied (Lean par. 5).

Legal responsibility of cell phone manufacturers on cell phone radiation

The standards that have been set by the FCC limits the amount of radiation that the body and brain of a cell phone user can absorb, to a designated rate of absorption, usually designated as SAR. The absorption rate is normally in terms of the radiation energy that a phone absorbs, often in the form of Watts, for every kilogram of human tissue. The existing FCC standards for cell phone radiation allow for at most, 1.6 W/kg SAR levels, in the case of the head. On the other hand, when the whole human body has been exposed, the permissible SAR level are 0.08 W/kg, while that of wrists, hands, ankles and feet, is at 4 W/kg. It has been argued that the existing FCC standards do not take into account sufficient safety margin in terms of radiation exposure to cell phones. Furthermore, it has also been opined that these standards are without a meaningful biological foundation (The World Health Organization 8). Even so, one of the greatest debates that has impacted the mobile phone industry, the FCC, as well as the academic community, are all in agreement that the measurements for SAR have profound precision challenges.

One of the greatest debates to have locked the issue of cell phone radiation is if the prevailing SAR measurement techniques are sufficient to assist in the determination of absorption radiation and the associated probability of causing brain tumors to the users. The FCC has also been taken to task for having stuck with animal trials tests that are more than 20 years old.

A majority of the manufacturers may have also taken advantage of this slow implementation process by way of failing to lower the levels of radiation emitted by the gadgets that they manufacture. At the same time, the federal court has countless times ruled in favor of cell phone manufacturers regarding personal injury lawsuits that have been filed by mobile phone users who have complained of having developed brain tumors after using cell phones for extended periods of time. In its ruling, the federal court has cited a lack of conclusive scientific evidence to link brain tumor development and increased use of mobile phones (Takebayashi 657). It is however hoped that with the release of the WHO publication later this years on compiled studies that have linked the increased use of cell phones to three different types of brain tumors, this will act as a wake up call to the FCC to review the existing radiation standard on cell phones. It is also expected that cell phone manufacturers shall be swift in embracing the reviewed radiation standards, if at all they are to avoid potential personal injury lawsuits regarding phone radiation-related injuries by mobile phone users.

The WHO is about to publish research findings of a study that has been carried out for the last ten years, and which revealed that heavy users of cell phones were faced with an increased danger of brain tumor development, compared with light mobile phone users. Globally, we have approximately 4 billion users of the cell phone, with approximately 270 million of these being found in the US alone (Sage and Carpenter 8). Accordingly, the result to be released by the WHO may end up impacting on these mobile phone users in the United States.

Even as the manufacturers of mobile phone have all along defended their stand that it is safe to use these gadgets, nevertheless, we now have research studies that have connected the increased use of mobile phones to three different brain tumor types; meningioma, glioma, and acoustic neurinoma. Additionally, these studies have also associated the development of tumors affecting the parotid salivary gland to an increased use of cell phones (Sage and Carpenter 9). The report to be released soon by the WHO shall mainly be based on the Interphone study that was carried out in a total of 13 countries, amongst them Canada, Australia, Finland, Denmark, Israel, Germany, Japan, Italy, Norway, new Zealand, the UK, and Sweden. This particular study was characterized by the application of an ordinary core protocol. This case-control study has to-date been regarded as the largest ever, and it has been concerned with an assessment of if the use of mobile phones increases cancer development risks, as a result of the emitted radiofrequency fields by these gadgets.

What ethical steps can these manufacturers now take in order to reduce liability exposure?

Considering the fact that mobile phone telephony use is on the increase globally, and based on the fact that health-related lawsuits are increasingly being filed by customers who allege to have been diagnosed with for example, various forms of cancer after having used their cell phones for extended period of time, there is a need for the mobile phone manufacturers to undertake certain ethical steps that will ensure that in future liability exposure to their customers is reduced

Such measures could include manufacturing handset with hand-free features, as this has been noted to significantly lower the levels of radiation to a cell phone user’s head. In addition, it is important that the mobile phone manufacturers indicates in their user manual on the importance of ensuring that cell phone are not kept close to the body, as much as possible. In addition, it would also be ethical on the part of the manufacturers to ensure that the mobile phones that they manufacturers have lower SAR level compared with the standard specifications by the FCC.

Conclusion

With the global populace using mobile phones having exceeded the 4 billion mark, and with more than 270 million of these users coming from the united states alone, it can only be expected that there shall also be anticipated that this shall act to further fuel the debate on the health concerns of using mobile phones for a prolonged period of time. The reliance of cell phones on electromagnetic radiation has resulted to a speculation that indeed, these gadgets could in fact pose a danger to the health of their users. In the recent past there has been numerous studies that have been carried out to determine whether there exist a link between on the one hand, the prolonged use of mobile phones and on the other hand, various forms of cancer. Almost all of these research findings have concluded that there is insignificant evidence to support this hypothesis. In addition, the FCC, an organization charged with the responsibility of regulating mobile phone manufacturers in the United States, has not been quick to review the radiation standards for mobile phones. Consequently, mobile phone manufacturers have always defended themselves when faced with a personal injury lawsuit that they have always followed the specifications set by FCC.

On the other hand, the lawsuits that have been filed against such leading mobile phone manufacturers in the United States as Motorola, Nokia, and NEC in the federal court, have always been ruled out in favor of the defendants, in this case the mobile phone manufacturers. The federal court has in such instances argued that there lacks conclusive scientific evidence to link the illness of the plaintiffs, and the use of mobile phones. With the WHO expected to release a report that shows the existence of a correlation between on the one hand, increased mobile phone usage and on the other hand, the development of three types of brain tumors, may in fact lead to increased lawsuits being filed against the mobile phone manufacturers. Perhaps as a precaution, there are several ethical steps that these manufacturers can take, as a way of reducing the potential liabilities, as a result of these lawsuits. Such ethical steps includes manufacturing cell phones that have less SAR levels, relative to the FCC standards, along with the manufacture of more handsets that have hands-free features.

Work cited

BBC News. Bead ‘slashes mobile radiation’. BBC News 2005. Web.

Cauley, Leslie. Cellphone radiation levels vary widely, watchdog report says. USA TODAY. 2009. Web.

Hardell, Lennart, Carlberg, Michael, and Söderqvist, Fredrick. Long-term use of cellular phones and brain tumours: increased risk associated with use for? 10 years. Occup Environ Med, 64(2007): 626-632.

Khurana, V. “Mobile phone-brain tumour public health advisory”. 2008. Web.

Lean, Geoffrey. “Mobile phones ‘more dangerous than smoking”. The Independent. 2009. Web.

Takebayashi, T, Varsier, N, Kikuchi, Y, Wake, K, Taki, M, Watanabe, S, Akiba, S, and Yamaguchi, N. “Mobile phone use, exposure to radiofrequency electromagnetic field, and brain tumour: a case-control study”. British Journal of Cancer, 98.3(2008):652-9.

The New York Times. Researcher warns of brain cancer risk from cellphones. The New York Times. 2008. Web.

World Health Organization. “What are the health risks associated with mobile phones and their base station?” World Health Organization. 2005. Web.

Sage, Cindy, and Carpenter, David. “Public health implications of wireless technologies”. 2009. Web.

Pathophysiology, 603.14(2009):1-14.

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