SAN FRANCISCO (CBS/AP) — San Francisco appears to be giving up its battle for an ordinance that would require retailers to warn customers about cellphone radiation and its health effects.

The Board of Supervisors voted Tuesday to approve a settlement promising that the city would agree to a permanent injunction against the ordinance, in exchange for the Cellular Telecommunications and Internet Association waiving their claims to attorney’s fees.

Supervisors approved the ordinance in 2010 but the cell phone industry quickly sued.

Last year a federal appeals court decided that the first-of-its-kind legislation violated First Amendment rights.

Supervisor David Campos said by not settling, the city could be on the hook for more than a half million dollars in legal fees.

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