First-in-nation gas stove warning label law faces legal heat

By EPN Staff

Colorado, the first state to require cigarette-style health warnings on gas stoves, is facing a lawsuit by the Association of Home Appliance Manufacturers (AHAM) to stop the implementation of the law. 

The law (HB25-1161) passed along partisan lines and signed by the Democratic governor in May, mandates retailers adhere a yellow label to all indoor gas stoves reading, "Understand the air quality implications of having an indoor gas stove," along with directions to a Colorado Department of Public Health and Environment’s (CDPHE) website.

Retailers that do not comply could be found guilty of committing a “deceptive trade practice” under the Colorado Consumer Protection Act and liable for penalties of up to $20,000 per violation. 

Why it matters

In August, as the bill was set to take effect, AHAM filed an injunction “to protect its members’ First Amendment rights to be free from the unconstitutional compelled speech…and to protect Colorado consumers from receiving misleading and inaccurate information about their products.” 

The trade association said its members will suffer harm from being compelled to promote the state’s message which “denigrates and stigmatizes” its products. 

Republican Matt Soper (House District 54) said the First Amendment implications were a factor in his opposition to the bill.

“I voted no because I believe there is a legal argument that the label is government compelled speech,” he told Energy Platform News. “Secondarily, it forces manufacturers and retailers to disparage their own products, which is effectively a type of takings. Different than cigarette labels which are based on years of data, the gas labels are based on more theory than fact.”

The CDPHE website potential buyers are directed to states, in part, “There is evidence that particulate matter (PM), nitrogen dioxide, carbon monoxide, benzene, formaldehyde, and methane can be released into indoor air from gas stoves” and if not properly ventilated, “indoor air pollutants can build up to levels that may affect people’s health.”

AHAM’s lawsuit points out that the purported health risks cited by the law run “contrary to the view of the World Health Organization, the U.S. Government Accountability Office, and federal agencies responsible for ensuring the health and safety of American consumers.” Most scientific studies, the suit states, conclude the potential health risks of cooking with natural gas do not differ from cooking with electricity. 

The plaintiffs also note that when the legislation was debated in the General Assembly, supporters focused more on natural gas’s contribution to climate change rather than its possible impact on health impacts.

The bigger picture

The results of AHAM’s lawsuit could impact how other states considering similar legislation proceed. 

Earlier this year, the Massachusetts state legislature held a hearing on gas stove warning label legislation in April, and the New York state senate passed a bill to mandate such a requirement. 

In 2024, the California Assembly passed AB 2513 requiring warning labels be placed on all gas stoves but it was vetoed by the governor. Similar legislation in Illinois and New York failed to make it to their respective governors’ desk that year. 

Additional Details

Colorado’s Attorney General has agreed to stay enforcement of HB 1161 pending the lawsuit resolution.

According to the US Energy Information Administration, 38% of U.S. households cook with natural gas. In Colorado, the percentage is lower at 31%. 

Several locations, including Washington D.C., New York, and some cities in California, have implemented bans or restrictions on natural gas in new buildings.