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⚖️ Italian Supreme Court: iPhone maker must warn on RF risks even under scientific uncertainty (Cassazione 24015/2026)
PhoneGate Alert reports: On 24 July 2026, Italy's Supreme Court of Cassation (Third Civil Section) issued Ordinanza 24015/2026, overturning the Bologna Court of Appeal in a case brought in 2018 by an Apple iPhone user. The Court held that CE-mark compliance alone does not discharge a mobile-phone manufacturer's duty to inform consumers about potential RF-exposure health risks, even when the scientific evidence is preliminary or non-conclusive. The right to be informed becomes a fundamental right whose violation is itself a compensable harm, independent of proven bodily injury. PhoneGate notes that although the case named Apple, the principles apply to every smartphone maker in the EU market.
Note: PhoneGate Alert's own English write-up of the 24 July 2026 Italian Supreme Court of Cassation ruling (Ordinanza n. 24015/2026, Third Civil Section); the first EMF-scene coverage after Italian legal press broke the story.
"The Supreme Court has recognized for the first time in Europe the obligation for mobile phone manufacturers to provide consumers with warnings and instructions for the safe use of the phone (…). This obligation arises even in the presence of preliminary studies, non-conclusive scientific observations, or incomplete epidemiological evidence, when these elements are relevant in suggesting a health risk."
— Fabio Cardanobile, attorney for the plaintiff (Bari), as quoted by PhoneGate Alert
"The violation of the consumer's right to self-determination becomes an autonomous and compensable harm, regardless of whether health damage exists or not."
— La Gazzetta del Mezzogiorno (Bari-based Italian daily), as quoted by PhoneGate Alert
"This decision represents a major step forward in protecting consumer health. It aligns with our NGO's demands for fair information from manufacturers regarding the actual conditions of mobile phone use, full transparency on compliance testing, and throttling software that could influence SAR measurement controls."
— Jean-Paul Huard, Secretary General of PhoneGate Alert
"Although this procedure specifically targeted an Apple iPhone, these principles apply to the entire market. Indeed, all smartphone manufacturers are now affected by this case law."
— PhoneGate Alert
