Source Article: Environmental Health Trust
Italy’s Supreme Court Strengthens Consumer Rights on Cell Phone Safety.
On July 24, 2026, Italy’s Corte di Cassazione (Supreme Court) handed down a ruling that strengthens consumer rights around cell phones and a wide range of other technology. The case, Briganti v. Apple, was brought by an Italian woman who purchased an iPhone in 2016 and asserted that Apple had failed to give her adequate information or to recommend precautions about possible risks of extensive iPhone use and related exposure to radiofrequency emissions. Italian lawyer Fabio Cardanobile successfully argued that consumer information is itself a legally protected right — meaning that even if scientific evidence concerning health effects is not yet conclusive, consumers should receive relevant information that allows them to make informed choices about how they use a product.
While the Cassazione did not rule that iPhones are dangerous, it did establish a precedent that scientific uncertainty is not a good enough reason for a manufacturer to say nothing. The court’s ruling was that if there is credible information suggesting a potentially significant risk which an ordinary consumer cannot reasonably perceive for themselves, the manufacturer may have duties to provide information that enables the consumer to make an informed decision.
The ruling determined that withholding relevant risk information could potentially constitute compensable damage even without proof that the consumer actually developed a disease, because withholding information impairs the consumer’s autonomy and ability to make an informed choice. The court also indicated that preventive remedies could sometimes be imposed, with examples being additional warnings, corrective information, and accessories that could reduce exposure. The legal remedy therefore might be to inform consumers better and change how the product is presented rather than simply paying damages after the fact.
The court’s full order includes several landmark points that could influence any number of lawsuits and regulations going forward. These points include:
• Professional diligence requires more than regulatory minimums. The order makes the point that a product can comply with current technical standards and yet still be legally defective if it lacks adequate warnings or instructions about risks that consumers cannot readily perceive.
• Scientific uncertainty does not eliminate the duty to warn. If credible scientific evidence suggests a plausible health risk, a manufacturer may have duties to inform consumers and reduce exposure even if a causal relationship has not been conclusively established.
• The Court emphasized the ALARA approach (“as low as reasonably achievable”). With regard to cell phones, this refers to ways consumers may reduce radiofrequency exposure, for example by increasing distance from the body. The order emphasizes that “the ALARA principle does not presuppose a finding of certain harmfulness, but is founded precisely on the scientific plausibility of the risk and on the need to prevent its possible materialization… The application of the ALARA principle translates into an obligation to inform the consumer of the manner of use suitable to reduce exposure, enabling him or her to knowingly modulate his or her own conduct.”
The Cassazione’s ruling overturns a lower court’s reasoning and remands the case to a differently constituted Court of Appeal for reconsideration, with instructions to examine whether the consumer might have changed her behavior had she been properly informed. The remand court must determine whether Apple actually fulfilled its information and precautionary obligations and whether any harm or preventive remedy follows…..
Sources:
- Ordinanza Briganti c. Apple Corte Cassazione
- https://ntplusdiritto.ilsole24ore.com/art/iphone-apple-puo-rispondere-dell-omessa-informazione-rischi-radiofrequenze-AJawUFX
- https://radiationresearch.org/italian-supreme-court-strengthens-consumer-right-to-know/
- https://phonegatealert.org/en/iphone-health-risks-italian-supreme-court-ruling/
- https://levaudsansantennes.ch/2026/07/30/phonegate-apples-iphone-italian-supreme-court-ruling/
COURTS FULL ORDER:
