HHS Seeks Public Comment on Electromagnetic Radiation Health Guidelines

The request for public feedback is the first formal step in a regulatory process that could result in new federal guidance on cellphone and wireless device exposure, a policy area that has drawn...

The Department of Health and Human Services, led by Secretary Robert F. Kennedy Jr., published a request for public comment on the health effects of electromagnetic fields, radiofrequency radiation, and wireless radiation exposure, according to a report by the Washington Examiner dated September 17, 2026. The solicitation is described as the first step toward potentially updating federal policy guidance under the Make America Healthy Again initiative.

HHS has not yet proposed a specific regulation, issued a final rule, or published a formal notice in the Federal Register subject to notice-and-comment rulemaking under the Administrative Procedure Act. The Washington Examiner report describes the current action as a feedback solicitation, which precedes any formal rulemaking. The specific docket number or publication vehicle for the solicitation was not identified in the available source material; that information would appear in an official HHS or Federal Register notice.

The federal agency with primary jurisdiction over radiofrequency emissions from consumer devices is the Federal Communications Commission, not HHS. The FCC last updated its radiofrequency exposure limits in 1996 and reaffirmed those limits following a 2019 review, concluding at that time that the existing guidelines adequately protect public health. A U.S. Court of Appeals for the District of Columbia Circuit ruling in 2021 ordered the FCC to provide a more thorough explanation of its decision to retain the 1996 limits, citing inadequate responses to public comments about potential harm.

The scientific consensus maintained by bodies including the World Health Organization and the National Cancer Institute holds that no conclusive evidence links radiofrequency radiation from consumer devices to adverse health outcomes at exposure levels below established limits. The International Agency for Research on Cancer classified radiofrequency electromagnetic fields as "possibly carcinogenic to humans" in 2011, a designation that reflects limited evidence and is shared by more than 300 other agents including coffee, which was later removed from that list in 2016.

HHS has authority over public health communication, research funding through the National Institutes of Health, and coordination with agencies such as the Food and Drug Administration on consumer product safety. The FDA currently states on its website that available scientific evidence does not show that any health problems are associated with using cell phones at or under current guidelines. It is not known from available sources whether the HHS feedback process is coordinated with the FDA or FCC, or whether either agency was consulted before the solicitation was issued. A formal interagency communication would be documented through HHS or FCC internal records obtainable under the Freedom of Information Act.

Kennedy has previously expressed concerns about wireless radiation in public statements predating his confirmation as HHS Secretary. During his Senate confirmation hearings in early 2025, he described electromagnetic radiation as an area warranting further study. His statements were reported by multiple outlets at the time but did not result in formal agency action until the current solicitation.

The Make America Healthy Again agenda, referenced in the HHS solicitation as the governing framework for this action, has also encompassed reviews of food additives, seed oils, and pharmaceutical prescribing practices, according to prior HHS public statements. The scope of authority HHS claims under that initiative for technology-related health guidance has not been tested in court as of the date of this report.

The practical consequence of a formal HHS guidance update would depend on its legal form. A nonbinding guidance document would inform consumers and health practitioners but carry no enforcement mechanism. A binding rule would require full notice-and-comment rulemaking, cost-benefit analysis under Executive Order 12866, and would likely face legal review given the FCC's existing regulatory jurisdiction over the same subject matter.

What remains unknown is the timeline HHS has set for reviewing public comments, the identity of the scientific advisors or internal working group directing the review, and whether the department intends to issue a final report, a proposed rule, or a guidance document. Those details would be contained in the formal solicitation notice, any associated HHS press release, or subsequent Federal Register filings.