Apple gets sued over Greenpeace iPhone report

So hot on the heels of that Greenpeace report (and Apple response) claiming the iPhone contains toxic chemicals, California's Center for Environmental Health filed legal notice of a potential lawsuit against Apple alleging under California's Proposition 65 law that the iPhone's "phthalate" content requires the company to either put warning labels on the device, or, better yet, re-engineer it so it doesn't contain the compounds at all. The notice gives Apple 60 days to respond before CEH can file a lawsuit. We spoke to Charles Margulis, communications director at CEH, and learned a few things about the suit:

• CEH hasn't actually tested an iPhone for the presence of these compounds themselves -- they're working off what they, like everyone else, read in the Greenpeace report. However, they have started testing and expect to be complete before the 60 days are up. Charles wouldn't say what they would do if their tests didn't jive with Greenpeace's results.
• The reason they filed suit so quickly is a function of how the law works. Even though they don't have independent verification of the iPhone's alleged toxic content, CEH will be in a weaker position to sue Apple if another organization or individual files first. According to Charles, CEH would rather have Apple revise the iPhone to be cleaner than get massive damages, and CEH doesn't want other, greedier parties to get in the way.
• The ultimate goal is not necessarily monetary damages -- although Charles called those "a tool we can use" -- but to get Apple to reformulate the iPhone and perhaps send a warning letter to existing customers.

So while we're still going to be skeptical until we see additional verification of that Greenpeace report, it certainly doesn't seem like CEH is simply angling for cash here. In the meantime, it might be wise to avoid blending your baby.

Disclaimer: Although this post was written by an attorney, it is not meant as legal advice or analysis and should not be taken as such.

Read -- PC World article on the suit
Read -- CEH website

[LordFarkward @ Oct 16th 2007 6:19AM]

eh? what warnings? "Poisonous - do not eat"?

they should then also have "Large size - do not stick it up your ass", then "Parental warning - other warnings contain swear words"

[webon @ Oct 16th 2007 7:13AM]

where are your thoughts coming from dude, personal experience?

[Cam @ Oct 16th 2007 7:25AM]

@ Webon he is simply saying that common sense should but does not always prevail, I have read countless stories about stupid injuries occuring then when the person was asked why they did whatever it was that caused the injury their response "It wasnt on the warning label" I mean cmon its not like theres a warning sign on the sun to say "Do not stare directly here - May cause eye damage" people just know.

[david @ Oct 16th 2007 10:05AM]

And I supposed the old lady who burned her lap because the coffee was "HOT" at McDonalds had a case as well? BAH! Apple should just stop selling the iPhone in California, and THEN make sure that crap isn't in the phone. Could be something at the factory (in China, hmmmm). And since the same factory makes phones from other company's, time to open them all up! And then to file notice BEFORE they had the facts in, is pure BS. Oh, not a fanboy, don't own one.

[nikola @ Oct 16th 2007 1:41PM]

BRAVO!!! You all are a smart bunch aren't ya! You like Apple soooo much you have no problem rubbing a poison-tainted cellie against your head (thats where you brain is) for...how many minutes/hours a month?

Well not all of us want that kind of risk in our life, and as there are other alternatives to poisonous composites Apple loves, it makes sense for them to pressure the company. I bet you all were cheerin for Walmart when they were selling lead painted toys, huh?

...sheesh.

[Twitchy @ Oct 16th 2007 4:57PM]

@ Nikola

WTF are you on? Please read the report instead of jumping to baseless conclusions. The levels of toxins inside the iPhone (operative word: INSIDE) pose a hazard only when a) the iPhone is disposed of, or b) when ingested. In the event of b), I suspect that the self-inflicted victim would perish from the choking effect of having a phone in ones gullet before the toxins have a chance to take effect.

And even if, once you have gathered the full facts (real facts, not O'Reilly 'facts') on this issue, you decide that there is still a risk (which show that you haven't learnt a thing) then ponder this - your clothes almost all contain trace amounts of formaldehyde, almost all food is tainted by chemicals of one sort or another, and our drinking water is no different. Your home contains such vast amounts of possibly toxic and carcinogous material, you may as well be living in a toxic dump. Your car not only produces toxic fumes out of the exaust, but all the plastic and paint inside it give off fumes too. The wiring in your house produces electro-magnetic radiation, as does every electrical gadget you own, and some would have you believe that this messes with biological beings. The sun is constantly irradiating you thanks to reflections and our affinity to windows, and radiation is bad. Hell, your pets could be carrying anthrax spores. The only way to protect yourself from all the threats out there is to beat them to it - go kill yourself, and you wont get poisened or develop cancer.

[Paul @ Oct 16th 2007 6:57AM]

"The ultimate goal is not necessarily monetary damages"
what a load of BS

[FK @ Oct 16th 2007 7:17AM]

Could I get a Grande Soy Non-Fat Mocha Phthalatte?

[dataminer49er @ Oct 16th 2007 8:05AM]

I didn't mention this before in the first post, but I like the use of the hazerdous materials/anti-radiation glove holding the splayed iPhone.

Well maybe CA can just ban the sale and use of iPhones within the state. I'm sure CA doesn't need the tax revenue that the iPhone and phone plans generate (insert sarcasm here.)

[mark @ Oct 16th 2007 8:16AM]

Prop 65 requires contact or potential contact to require labeling - even cheese slices in plastic and crosswalk button need labeling.

As the components are inside the phone no labeling is needed.

Also to add to the previous Greenpeace article about phthalates being endocrine disruptors, even studies in Scandinavian countries - historically the most conservative - have not supported this. There is only one kook in the States who has studies that show this, but only with a special strain or rats he bred for the purpose, and has now destroyed the entire strain so no one can either duplicate or refute his tests!!

Keep in mind folks, in Europe and the US the life expectancy for people born 50 years ago was about 50-55!! The life expectancy is the best indicator of overall environmental risk. We no longer die from smallpox, polio or beri-beri; many die of cancer as it is a disease that is related to age and a breakdown of the body's ability to repair itself. Cancer is also related to genetic damage, so if you were a drug user or smoker and you or a child develops cancer it is far more likely to be related to what you ingested/inhaled/snorted/shot up/absorbed rectally than the phthalates.

[Chris @ Oct 16th 2007 8:37AM]

Oh, the dilemma for the hippie brand of Apple consumer is delicious. What to do... what to do...

[JAmerican @ Oct 16th 2007 9:01AM]

Now Apple thinks they can break the law and get away with it. LMAO! Greener Apple doesn't mean healthier Apple, it means richer Apple, if they don't get caught.

JAmerican

[Hollywood Ron @ Oct 16th 2007 9:03AM]

Please do not taunt Happy Fun iPhone.

[paul34 @ Oct 16th 2007 9:55AM]

Definitely a huge problem, and go California.

I can't tell you how many Americans I know personally have died PAINFUL and EXCRUTIATING deaths from consuming their iPhones.

I mean, seriously - why wouldn't Apple have put a warning label on that? Another few splayed open the USB cable, and put two pins into a live electrical outlet - and they got electrocuted!

WHERE IS THE WARNING ABOUT NOT SPLAYING OPEN USB CABLES AND PUTTING THEM IN OUTLETS?!

I mean MY GOD!

California is surely the only straight thinking state in this entire God-forsaken country!

pfft! I'm moving to Canada!

[Twitchy @ Oct 17th 2007 4:58AM]

@ 4uty8l302
Nice how you ignore the fact that she lacked the common sense to place a flimsy paper cup filled with a hot liquid into a receptacle designed for such a purpose (i.e. a cup-holder). Instead she possesed the wisdom to place it between her legs, because that's why evolution has granted humans two legs.

Had she caused an accident because of her behaviour, she would have been liable for reckless endangerment because of her stupidity.

But of course you are right, we need stickers to point ot the blatantly obvious. Here's your sign.

[4uty8l302 @ Oct 16th 2007 12:54PM]

Yeah, I'm sure if you had 3rd-degree burns to your genitals and had to get skin grafts because of a company's decision to keep their coffee 20 degrees hotter than everyone else to save money you wouldn't sue. What a frivolous lawsuit.

[pscs @ Oct 16th 2007 1:17PM]

i bet you some guys over @ 'greenpeas' have iphones as well.

[SjG @ Oct 16th 2007 1:34PM]

What about the warning labels on Greenpeace studies?

"PROP. 65 WARNING: This study contains hyperbole, agitprop, innuendo, and market spin known to the State of California to provoke severe reactions among Apple brand-consumers, aficionados, and fanbois, including but limited to feelings of rage, apoplexy, and, in extreme cases, heart attack."

[Big John @ Oct 16th 2007 1:40PM]

Good to know the state of California is still insane. Hey, why would you launch into a scientific study that has to be peer-reviewed when you can take the slanted view of a biased organization (ANY organization) on the wave of popularity in the 'now' and file suit like that?

Another reason to stay the hell out of California... as if I need any more anyhow.

[Kart @ Oct 16th 2007 2:19PM]

Most people here missed the point.
The reason why greenpeace is attacking Apple more nowadays is because of Apple is simply one of the biggest personal electronics company. Of course there are other companies violate or use the poisonous material, but attacking Apple gains most public attention. And environmental health is all about general public. I won't say it's wrong, it's just strategy-wise. Before Apple in these 5 years, there were Dell and HP and IBM. Apple was just been the target recently because of this. And I don't know what are you guys complaining about, nobody is banning you guys continueing use Apple's product, but I mean, isn't it good to know that there is potential health risk component in these products? I don't understand you selfish people at all. Because if the story goes on, the benefit is always the general public, we could get more knowledge about certain product and the product might get "greener" and safer. So waht's wrong about reporting Apple is not green enough? This will only push them working harder toward the goal, isn't it? Actually ever since I immigrate to the US 15 years ago, I surprisinly found most Americans are so ignorant about environmental health. It seems to me they are just selfish and don't care about recycle or anything. Yes of course the poisonous electronics won't hurt you at all because hardly you will open it up. But the point here is all these poisonous electronics are going to get dumped and recycled in the Third World country such as Africa and poor part of China. Those people they got no knowledge about these poison stuff and even they know, they need to do it because they need to feed themselves. Why you think it's alright that someone should clean your ass for you? I can't even believe how many of you are actually joking about this and trying to be "smart." Instead, you guys should think why American (~1/30 of world population) can produce almost 1/3 of environmental hazard waste in the last 2 decades. Enuf said.

[dpk @ Oct 16th 2007 3:22PM]

The title says sued, the content says not sued. It's almost as though the title was specifically designed to be inflammatory.

[Georg Duerrstein @ Oct 16th 2007 4:25PM]

Kart, you did forget to mention that this 1/30 is wasting half of world energie, and half of Erth fresh water too!

Ad for all of this their formal vicepresident got the nobleprice for distroying the earth!

I´m realo shoked about the many stupid comments in the different articels!

Please not I agree with many opinions about grrepeace hippies.

But Apple should go backhone an do thier homework! I know allredy that Eoropean Commision isinvestigating on this what the greenpeace report is saying.

If its only partly true, no sales of iPhone in Europe! Because T-mobile never will take this risk!

[CUBSWILLWIN @ Oct 16th 2007 6:07PM]

It's the sign of the apocalypse!!!!! RUN!!!

[John Robson @ Oct 16th 2007 6:46PM]

The bigger issue is the fact that of the 100 million cell phones we all upgrade to every 12-18 months we only recylce about 10% of them. The stockpile which we are gathering in our landfills and desk drawers is where GreenPeace needs to start focusing its attention on.

JohnnyGreen
www.greenelectronics.com

[jimmyfinch @ Oct 16th 2007 8:50PM]

Amen.....


People need to be responsible for the proper disposal of there old electronics.

The next step is going to be "core" deposits when you purchase stuff.

I want my nice shinny new stuff WITHOUT a 30% deposit tacked on!