The NGO Phonegate Alert and the first signatory organizations ask the national and European authorities to withdraw the iPhone 12 everywhere in Europe and that the current owners be compensated by Apple.
More than three years after its launch on the European market, the National Frequency Agency (ANFR) announced that Apple’s iPhone 12 5G (model A2403) exceeded the authorized limit of the specific absorption rate (SAR) by more than 40% (5.74 W/kg instead of 4 W/kg) and requested its temporary ban.
ANFR and France bow to the giant Apple by accepting this parody of update
ANFR gave APPLE 15 days to perform a software update to resolve this non-compliance with the rules in force or risk having to recall all of the iPhones 12 (model A2403). Nearly 90 million of these iPhones have been sold in Europe alone.
In France ANFR, having received and validated the correction proposed by APPLE in less than a week, announced in a press release published on September 29, 2023 its decision to suspend its ban on sales on the national market while asking APPLE to make the correction available to all owners of this model in France.
Nothing in sight for the 90 million iPhone 12 users at European level
At the European level, despite a recent reminder from the European Commission, ANFR has not yet publicly reported to the various telecoms market surveillance authorities including those of member states of the European Free Trade Association (EFTA)[1] in the European ICSMS database any information concerning the exceeding of regulatory SAR levels.
Since 2019, the French Agency for Health and Environmental Safety (ANSES) has recommended that local SARs be tested in direct contact with the body. In 2020, at the request of Phonegate Alert, France lodged a formal objection with the European Commission. Four years later, the trunk SAR of the iPhone 12 is still measured at 5 millimeters from the skin as are all mobile phones sold on the European market.
Apple imposes double damage on customers
Our NGO, Phonegate Alert, which, along with Dr Marc ARAZI, was behind the revelations about the “Phonegate” scandal, and all the organisations that have signed this press release are a long way from achieving our goal.
By acting in this way, APPLE is imposing a twofold damage on the owners of this model without any compensation:
- For more than three years, owners of the iPhone 12 (model A2403) have been knowingly deceived by APPLE about the true levels of exposure and the possible health risks incurred when the mobile phone was put in a trouser pocket for example or in contact with the body.
- The update, which is also very minimalist (3.94 W/kg for a limit of 4W/kg), will above all restrict the initial technical characteristics, creating the conditions for the equivalent of an imposed technical degradation. Owners of an iPhone 12 will be forced to buy another mobile phone, or keep an iPhone 12 with less connectivity.
Apple must compensate millions of iPhone 12 consumers/users for the damage they have suffered
In this context, we consider that by acting in this way the French authorities have chosen to offer a huge gift to the Californian giant.
We are therefore calling for fair compensation for the damage suffered by millions of iPhone 12 users with the following demands:
- The permanent withdrawal of the sale of the iPhone 12 (model A2403) from the entire European market
- Free replacement by APPLE of all iPhones 12 (model A2403) sold to date on the European market with a newer model that complies with current standards
- Or an equivalent cash compensation for owners of an iPhone 12 (model A2403) not interested in the free replacement.
Not just legal action against Apple!
According to Dr. Marc Arazi, president of the NGO Phonegate Alert:
“In the event that Apple is content with this masquerade of a repair, together with all of our voluntary partners, as well as all iPhone 12 owners who so wish, we will study, as is already the case in the United States[2] and Canada[3], the possibility of bringing a class action before the competent authorities. This will also be an opportunity to take action against the manufacturers of the 42 other mobile phone models[4] that have been implicated since 2018, including SAMSUNG, NOKIA, XIAOMI, HUAWEI, MOTOROLA, SONY, ORANGE, etc.”.
[1] EFTA is an intergovernmental organization that promotes free trade and economic integration among its four member states, Iceland, Liechtenstein, Norway and Switzerland.
[2] Lawsuit filed against Apple, Samsung after Chicago Tribune tests cellphones for radiofrequency radiation in 2019
[3] Jugement September 2022 authorising class action against Apple and Samsung in Canada
[4] List of cell phones withdrawn or updated for deception and endangering users
