
By Michael Karlik | Colorado Politics
A federal judge last week dismissed the constitutional claim against leaders of the Colorado Department of Public Health and Environment over a 2025 law requiring health disclosures on new gas-fueled stoves.
In June, Gov. Jared Polis signed House Bill 1161 into law, which requires retailers of gas stoves to affix a “yellow adhesive label” that reads “UNDERSTAND THE AIR QUALITY IMPLICATIONS OF HAVING AN INDOOR GAS STOVE.” The label must also include a URL or QR code to a webpage created by the health department that provides “credible, evidence-based information on the health impacts of gas-fueled stoves.”
The Association of Home Appliance Manufacturers filed a complaint asserting a single First Amendment violation and seeking an injunction against the law. As defendants, the association named Attorney General Phil Weiser, whose office would enforce any consumer protection violations. It also named Jill Hunsaker Ryan, the director of the health department, and Jeff Lawrence, a division director.
But in a Nov. 25 order, U.S. District Court Judge S. Kato Crews agreed the health department officials could not be sued because they have no connection to the enforcement of HB 1161.
“Here, Plaintiff’s compliance with the labeling requirement is not affected by any action the CDPHE Defendants could take. Instead, the CDPHE Defendants are merely complying with the Act themselves” by creating the required webpage, he wrote.
The appliance manufacturers’ association is seeking to permanently block Colorado from enforcing the gas stove labeling requirement. The law allegedly compels the association’s members to express a message in violation of the First Amendment by linking to the state’s webpage.
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