Berkeley cell phone purveyors will continue to have to warn consumers about devices’ potential to expose users to radio-frequency radiation, following a ruling from the U.S. Court of Appeals for the Ninth Circuit.

On Tuesday, a Ninth Circuit panel affirmed the District Court for the Northern District of California’s denial of a preliminary injunction brought by telecommunications industry group CTIA—The Wireless Association. The organization’s request for preliminary injunction aimed to stay enforcement of Berkley’s ordinance requiring cell phone retailers to distribute pamphlets warning buyers of radio frequency exposure and referring them to user manuals for safe handling instructions.

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