This story was produced as part of the Colorado Capitol News Alliance. It first appeared at coloradosun.com.
A federal judge in Denver on Friday indefinitely blocked Colorado from enforcing a new state law requiring that retails post air quality warnings on gas stoves sold in stores or online.
U.S. District Court Judge S. Kato Crews issued a preliminary injunction against House Bill 1161, which was passed by the legislature earlier this year and signed into law by Gov. Jared Polis. It took effect Aug. 6, and imposed fines up to $20,000 per violation.
Crews, who was appointed to the federal bench by President Joe Biden, agreed with an argument from the Association of Home Appliance Manufacturers, a trade group, that the law likely violates their First Amendment rights.
“The court disagrees that the labeling requirement merely enables customers to access information — the only reason customers can access this information is because the State compels peddlers of gas stoves to speak it,” Crews wrote in his 27-page ruling. “Further … whether the information is truthful and accurate is subject to substantial disagreement within the scientific community.”
The preliminary injunction means the law cannot be enforced until and unless the case goes through the full legal process and the state overcomes the lawsuit filed by the Association of Home Appliance Manufacturers. The state may also appeal the preliminary injunction to the 10th U.S. Circuit Court of Appeals, which is based in Denver.
The lead sponsors of the bill were Rep. Alex Valdez, D-Denver, and Sens. Cathy Kipp, D-Fort Collins, and Katie Wallace, D-Longmont.
The bill required retailers post a yellow adhesive label on gas-fueled stove display models with a statement in bold-faced, black type in English and Spanish that says: understand the air quality implications of having a gas stove. It required that the statement be accompanied by a QR code linking to a website created by the Colorado Department of Public Health and Environment.
For gas stoves sold online, retailers are required under the bill to prominently post the warning and QR code on the yellow label.
The state, represented by the Colorado Attorney General’s Office, argued that the law doesn’t fall under free speech protections because it regulates government speech only. Crews rejected that claim.
He also found the claim that gas stoves pose air quality concerns questionable.
“The labeling requirement is controversial because there is robust disagreement between scientific sources concerning whether gas-fueled stoves cause or are associated with negative health outcomes,” he said. “Defendant does not present any conclusive evidence regarding the potential health effects of using gas-fueled stoves.”
This is a developing story that will be updated.
