Groups that argue the government is allowing dangerous levels of RF radiation from cell phones, towers and computers have called on HHS and the FDA to declare that radiation an imminent hazard.

In their petition they allege that the FDA is misleading the public into thinking it has examined the evidence and based its RF exposure limits for humans on a science based conclusion when that is not the case.

The groups said that the rapid rollout of 5G and an effort to bring wireless to classrooms has raised questions about the "near-constant exposure."

Also: D.C. Court Smacks Down FCC Decision to Keep 5G RF Emission Standards

The groups also argue that the FCC's thermal guidelines fail to address "proven biological impacts."

They point out that in a lawsuit filed against the FCC for deciding to keep its RF safety guidelines, a federal court said the FCC has to review the science on RF exposure and biological harm. The FCC has been fighting the RF limits issue on multiple fronts.

That court, the U.S. Court of Appeals for the D.C. Circuit, said that there may be good reasons not to change the standards, but the FCC did not supply them. "To be clear, we take no position in the scientific debate regarding the health and environmental effects of RF radiation," the court said. "[W]e merely conclude that the Commission’s cursory analysis of material record evidence was insufficient as a matter of law."

The basic issue is whether current FCC and FDA standards for safe wireless RF emissions have kept up with the race to 5G and the rise of wireless broadband as the go-to RF access point for millions. ■

Top House Energy & Commerce Committee Republicans want the Federal Trade Commission to crack down on what they said is misleading TV advertising by trial lawyers, ads they said could threaten the COVID-19 recovery.

In a letter Monday (Nov. 2) to FTC chairman Joseph Simons, the Republicans said they were talking about ads that lead viewers to believe that medications are unsafe. They argue the ads are schemes to generate lawsuits and thus revenues for the lawyers and are potentially illegal.

"As more therapeutics and vaccines come online to deal with the COVID-19 global pandemic, we are concerned that these lawsuit marketing and advertising practices will further hamper our country’s ability to bring this health crisis under control and save lives," they wrote.

The Republicans said plaintiff lawyers are putting their own interests ahead of public health and safety and the FTC needs to do something about it.

The FTC last year sent letters to seven lawyers and lead generators about TV ads that solicit clients for personal injury lawsuits against drug manufacturers that it said may be deceptive or unfair. The Republicans want to know the status of those inquiries and whether any action has been taken, plus answers to the following questions by Nov. 13.

1. "Do lawsuit advertisements that make claims that are not based on competent and reliable scientific evidence violate the FTC Act? If yes, please explain why. If not, please explain why not.

2. "Do lawsuit advertisements that include the FDA logo, when the FDA is not involved in the advertisement or related to the underlying action, violate the FTC Act? If yes, please explain why. If no, please explain why not.

3. "Do lawsuit advertisements that include the text or phrase “FDA Warning,” when the FDA is not involved in the advertisement or related to the underlying action, violate the FTC Act? If yes, please explain why. If no, please explain why not.

4. "Do lawsuit advertisements that include the text or phrase “medical alert” or “drug alert” violate the FTC Act? If yes, please explain why. If no, please explain why not.

5. "Does the FTC have the tools it needs to bring enforcement actions against plaintiff lawyers, legal practitioners, lead generators, or any other individual or organization responsible for deceptive lawsuit marketing and advertising practices? If no, please provide any recommendations for additional tools you may need, such as the request you recently made regarding your 13(b) authority.

6. "Does the FTC conduct any kind of outreach, such as lectures or workshops, to interest groups who represent the plaintiff bar, such as the American Association of Justice, so that such parties are aware of FTC guidelines, concerns over certain lawsuit marketing and advertising practices, and the enforcement tools available to protect vulnerable Americans? If not, does the FTC plan to conduct such outreach in the future?

7. "West Virginia, Texas, and Tennessee all have enacted laws that address deceptive lawsuit marketing and advertising practices within their respective states. Has the FTC reviewed such state laws and, if so, do you have any recommendation as to whether Congress should consider similar laws at the federal level?"

Signing on to the letter were House E&C ranking members Greg Walden (Ore.), full committee; Cathy McMorris Rodgers (Wash.), Consumer Protection Subcommittee; Michael Burgess, Health Subcommittee (Md.); Bob Latta (Ohio), Communications Subcommittee; and Brett Guthrie (Ky.), Oversight and Investigations Subcommittee.  

Attention advertisers, the Federal Trade Commission and the Food and Drug Administration have teamed up to warn this week about marketing liquid nicotine in packaging and with advertising that mimics products targeted to children.

The FTC and FDA sent warning letters to manufacturers, distributors, and retailers of liquid nicotine products for e-cigarettes saying they were misleadingly labeled as "kid friendly food products such as juice boxes, candies, and cookies," some with cartoon imagery. Some of the companies receiving warnings were also cited for illegally selling the products to minors.

Related: FDA Rule on Vaping Claim Raises Speech Issues

You can check out the comparisons between the vaping liquids at issue and similar child-targeted food products here.

The major concern is that children accidentally poison themselves by ingesting the e-liquids.

Related: Tobacco Warnings Move Online

"No tobacco products should be marketed in a way that endangers kids – especially by using imagery that misleads them into thinking the products are things they’d eat or drink. Looking at these side-to-side comparisons is alarming," said then-acting FTC Chairman Maureen Ohlhausen (the letters were sent May 1, before her successor as chairman, Joseph Simons, was sworn in later the same day).

The FTC launched an investigation in late 2017 into tobacco product labeling and advertising that mimics food products, especially products that appeal to kids.

The FTC says the branding violates the Food, Drug and Cosmetic Act because the ads or labels are false or misleading.