Under Colorado’s law, gas-stove warning labels need to bear the phrase, “Understand the air quality implications of having an indoor gas stove.” The stickers will have a URL link or QR code that directs curious consumers to a state webpage. Colorado requires that the site, created and maintained by its Department of Public Health and Environment, provides “credible, evidence-based information on the health impacts of gas-fueled stoves.”
The warnings only need to be displayed on floor models or the website on which they’re being sold, Kipp said. “We made it really simple for manufacturers to comply,” she added, but still, “they just don’t want to do it.”
In a federal lawsuit filed Aug. 5, the Association of Home Appliance Manufacturers alleges that Colorado is compelling its members to endorse a warning label that directs consumers to “non-consensus, scientifically controversial, and factually misleading” information. In doing so, the industry group continues, the state is violating its members’ First Amendment rights “to be free from … unconstitutional compelled speech.”
“The lawsuit is frivolous,” Kipp said. “It’s well within the authority of our Colorado legislature to pass laws that implement consumer protections.”
While appliance makers are portraying the science as unsettled, “that’s not true,” Kipp said.
The parties to the lawsuit are asking for a hearing to be scheduled in early November, Scarr said. They’ve also agreed to a deposition — sworn testimony outside the courtroom — of any witness whom appliance manufacturers rely on to make their case.
“This litigation is set to become a battle of the experts regarding the health impacts of gas stoves,” Scarr said. “Given the science, we’re confident the state can win.”