DENVER–A federal judge on Friday sided with an appliance manufacturing trade group in pausing enforcement of a Colorado law requiring consumer warning labels on gas stove appliances. Plaintiffs see the ruling as a win against state compelled speech, albeit a temporary one, as the litigation will likely continue.
The Association of Home Appliance Manufacturers (AHAM) filed a complaint in August against the state regarding House Bill 25-1161. In effect since Aug. 6, the law requires retailers to attach air quality warning labels to gas-fueled stoves sold in Colorado.
The yellow label reads: “Understand the air quality implications of having an indoor gas stove.” It includes a QR code linking to a Colorado Department of Public Health and Environment (CDPHE) website listing what the state claims are negative health impacts of gas stoves.
Retailers can be fined $20,000 per violation.
“AHAM brings this lawsuit to protect its members’ First Amendment rights to be free from the unconstitutional compelled speech mandated by Colorado HB 25-1161,” the complaint reads in part, calling the labels, “scientifically controversial” and ‘factually misleading.”
District Court Judge S. Kato Crews ruled in favor of AHAM’s argument on Dec. 19, saying the law likely violates the First Amendment.
Crews issued a preliminary injunction, pausing all enforcement of the law until legal processes have concluded.
The ruling states that the government can only make such demands if the information mandated is purely factual and uncontroversial. Judge Crews, however, concluding that the state’s health warnings meet neither requirement.
“Whether the information is truthful and accurate is subject to substantial disagreement within the scientific community,” the ruling reads in part. “The court has determined that the labeling requirement likely violates the plaintiffs First Amendment rights.”
Jake Foglman, Director of Policy at the free-market Independence Institute,* and co-host of the Institute’s PowerGab energy podcast, says that even though temporary, this ruling is a win for Colorado consumers and businesses.
“While a preliminary injunction does not end the case, it is a major step that bodes well for a positive final merits decision,” Fogelman told Complete Colorado. “Colorado policymakers might not like that some consumers prefer to cook on gas stoves, but they may not try to undermine those voluntary decisions by compelling private businesses to disseminate politically charged or scientifically unsettled narratives.”
According to AHAM press release, the group is encouraged by the ruling and the court’s recognition of their rights,
“AHAM has long maintained that manufacturers and retailers should not be compelled to display government-mandated messaging that is not grounded in scientific consensus. We are encouraged by the court’s recognition of those fundamental principles and its willingness to protect the First Amendment rights of AHAM members and consumers”.
Defendants Jill Hunsaker Ryan, executive director of CDPHE, Jeff Lawrence, director of the Environmental Health and Sustainability Division of CDPHE, and Attorney General Phil Weiser can appeal the preliminary injunction to the 10th Circuit Court of Appeals.
