Phonegate Team – 30july2026.
European Case Law.
For the first time in Europe, a Supreme Court rules on a major health issue. Mobile phone manufacturers must now clearly inform consumers about the risks of their devices, even in cases of scientific uncertainty.
Key Takeaways
- Duty to inform: First European decision imposing enhanced warnings on manufacturers.
- Scientific uncertainty: Doubt no longer exempts manufacturers from informing users.
- Fundamental right: Information on risks becomes an essential guarantee.
- Compensation: Infringement of free choice opens the door to financial compensation.
On July 24, 2026, the Italian Supreme Court of Cassation issued Order No. 24015. This major decision concludes proceedings initiated in 2018 by a user of an Apple iPhone.
The High Court thus overturned the ruling of the Bologna Court of Appeal. It states that manufacturers must provide precise and accessible instructions. Indeed, consumers must be able to make an informed choice regarding potential risks to their health.
An obligation to inform despite scientific uncertainties
This breakthrough is summarized by Attorney Fabio Cardanobile, counsel for the plaintiff:
“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.”
Thus, scientific uncertainty does not exempt manufacturers from their duty to inform. On the contrary, it requires making clear and understandable information available. In this way, every user can manage their own exposure to risks.
The right to information becomes a fundamental right
Furthermore, the Supreme Court recognizes that the right to be informed about health risks constitutes a fundamental right.
Consequently, it paves the way for financial compensation. This harm exists as soon as the consumer’s freedom of choice is hindered, even in the absence of proven bodily injury.
As highlighted by the newspaper La Gazzetta del Mezzogiorno:
“The violation of the consumer’s right to self-determination becomes an autonomous and compensable harm, regardless of whether health damage exists or not.”
A major step forward for protecting mobile phone users’ health
Jean-Paul Huard, Secretary General of 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.”
A decision that extends beyond Apple alone
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.
In conclusion, the High Court reiterates that transparent information is essential. It is a prerequisite both for citizens’ freedom of choice and for the effective protection of public health.
Download the full decision of the Italian Supreme Court (Order No. 24015)
Source – Phonegate – Apple’s iPhone: Italian Supreme Court enforces transparency and opens door to consumer compensation
