The European Commission has upheld France’s decision in 2023 to ban the Apple iPhone 12 model A2403, citing public health concerns. The ruling, issued on August 19, 2025, validates a measure first introduced by France’s market surveillance authority, the Agence Nationale des Fréquences (ANFR), which determined the smartphone was non-compliant with European Union safety standards.
SAR limits at the heart of dispute
The central issue is the Specific Absorption Rate (SAR), a measure of how much radio frequency energy is absorbed by the human body. EU regulations set strict SAR limits to safeguard users. The ANFR’s testing found that the Apple iPhone 12 exceeded these limits when held in the hand or carried in a pocket, both classified as on-body use.
Software flaw behind non-compliance
According to the Commission’s findings, the violation did not stem from faulty hardware. Instead, it was linked to a software update. The ANFR discovered that Apple’s “Body Detect” function, meant to reduce radiation output during on-body use, was not permanently active. As a result, the devices operated above the maximum SAR thresholds set by the EU’s Radio Equipment Directive (RED).
Long process leading to EU ruling
The procedure began in October 2023, when ANFR informed the Commission of its decision to withdraw the model from the French market. Under Directive 2014/53/EU, the Commission conducted a review involving France, Ireland, and Apple. After evaluating arguments from all parties, the Commission concluded that France’s action was justified and consistent with EU law.
France acted ahead of Europe
France had initially ordered the withdrawal of the Apple iPhone 12 from its market in September 2023. Apple subsequently released a software update, allowing the device to return to French stores. However, according to pressure group PhoneGate, the update was never extended to other EU markets. This left consumers in other member states exposed to higher-than-permitted SAR levels.
Health risks and regulatory delays
The Commission’s confirmation comes nearly two years after France first acted, raising questions about regulatory speed. During this period, the Apple iPhone 12 remained on sale across Europe without corrective measures. Critics argue that this regulatory delay undermined public health protections and weakened consumer trust in European oversight.
Impact on European secondary mobile market
The ban on the Apple iPhone 12 in France had a profound effect on the French, European and even global secondary mobile market. For at least six months, activity in France nearly came to a complete standstill. On a global scale, prices of the Apple iPhone 12 dropped significantly, forcing companies with large inventories to absorb substantial financial losses. SecondaryMarket.news is aware of businesses that eventually went bankrupt as a direct consequence of the ban. Recovery in France took no less than twelve months, and according to some experts, the market has never fully returned to its previous strength.
Wider implications for tech manufacturers
The decision highlights the responsibility of manufacturers to implement corrective measures across all EU markets. The Commission also reminded member states of their obligation to enforce compliance without delay. With the launch of the Apple iPhone 17 scheduled for September 9, 2025, the ruling serves as a reminder of the scrutiny facing new models.
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