Our analysis of the National Frequencies Agency (ANFR) database revealed that 3 smartphone models controlled in 2018 and 2019 by ANFR and announced as having a “compliant” trunk specific absorption rate (SAR) were tested more than 5mm from the skin (15mm for all 3). This is confirmed by the extract from the database below. We therefore wrote to ANFR in August 2019 to inform them of this apparent anomaly in view of the test results and ask for explanations.

Unscrupulous application of the principle of anteriority of the law

These three phones were put on the market after June 2017 even though they had been certified compliant according to the previous version of the European RTTE directive.

As a result, we have uncovered an unscrupulous application of the principle of anteriority and non-retroactivity of the law by certain manufacturers. Indeed, these manufacturers have deliberately continued to sell their products on the French market in complete legality, knowing that they are potentially putting their customers’ health at risk. It goes without saying that for us, some distributors of these products are all equally responsible!

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An underestimation of the exposure of users of these 3 models

We regret that ANFR, in full knowledge of the 2016 ANSES recommendations, has not considered it useful to make clear in its open data base, explicitly for the general public, that these SAR levels underestimate user exposure. We are also surprised that ANFR is not asking that these mobile phones also be tested under the conditions of the current regulations at 0 and 5 mm from the skin.

In his last email, dated November 18, 2019, Gilles Brégant, Director General of ANFR, wrote to us as follows:

“With regard to your other requests, the purpose of the investigations conducted by ANFR is to look for violations of the rules of the Postal and Electronic Communications Code. The telephones controlled were checked in accordance with the regulations applicable to them and no shortcomings were found in the aspects checked. While the results of the control (SAR measurement reports) are available in open data, the information collected during the investigation cannot be disclosed without infringing on the confidentiality required to investigate any breaches committed. I therefore regret that I am unable to answer you on these points. »

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Withdrawals and information are required!

Once again, ANFR is hiding behind regulations that allow manufacturers to sell phones that we now know must be withdrawn from the market.

Indeed, as recently as October 2019, both ANSES and the government announced their intention to update or withdraw from the market mobile phones marketed before 2016 whose trunk SARs would exceed a level higher than 2 W/kg. It goes without saying that phones sold after 2016 by manufacturers whose ethical values raise questions for us must also be concerned.

We therefore ask the ministers in charge of this case, Agnès Buzyn, Bruno Le Maire, Elisabeth Borne, to intervene as soon as possible to have withdrawn the 3 models placed on the market based on the RTTE standard (before 2016), the Primo Doro 406, the Blackberry LEAP RHD131LW, the Selecline SMARTPHONE 5″ “877947/M5016 and to inform users of these smartphones as soon as possible.

For Dr. Arazi, President of Phonegate Alert:

“Has this commercial practice of freely selling smartphones that could potentially pose risks to users’ health been used by other unscrupulous manufacturers? We therefore ask the public authorities to shed full light on these facts in order to determine the extent of this practice, which is at the limits of legality. We have also informed the DGCCRF* of these actions. We hope that an investigation will finally be set up in view of the extent of this health and industrial scandal.”

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*Directorate General for Competition, Consumer Affairs and Repression of Fraud

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