HI SB638

Requires retailers to affix warning labels to all cellular phones sold or leased in Hawaii, including refurbished and remanufactured phones, warning that the devices emit electromagnetic radiation that may cause brain cancer.

Warning label must state "This device emits electromagnetic radiation, exposure to which may cause brain cancer. Users, especially children and pregnant women, should keep this device away from the head and body."

Labels must be conspicuous, legible, and nonremovable, affixed to the front and back of phone packaging and to the back of the phone itself occupying at least 30 percent of the back surface.

Violations constitute unfair and deceptive practices under Hawaii's consumer protection laws and subject violators to civil penalties, with each phone sold in violation counting as a separate offense.

Effective upon approval with no retroactive application to violations that occurred before the law takes effect.