What are we to do with this indicator that gas stoves may be poisoning us? Very few people can afford to replace their stove at the drop of a hat, even if they’re in a position to do so; renters have almost no control over the appliances in their homes. I’ve started using the exhaust hood whenever cooking, in addition to parking a portable air filter in the kitchen and opening the windows when making dinner. But given that winter is coming and other research indicates that gas stoves leak even when they’re turned off, that’s not a particularly practical long-term plan. It’s clear that the health risks of gas stoves—much like their planet-warming effects—aren’t something that individuals can mitigate with good personal choices. The problem is the gas itself. That, in turn, raises the question of what level of responsibility gas companies bear for introducing these expensive, hard-to-replace, toxic products into people’s lives. At what point, for example, do gas companies start to resemble Big Tobacco, marketing and selling a product known to harm human health? “Once I read [the New York Times article] and thought about it,” said John Banzhaf, a George Washington University law professor famous for his work against cigarette companies and establishing nonsmokers’ rights, “I saw a lot of similarities.… Here you’ve got the so-called natural gas people pushing natural gas at a time when there’s increasing evidence—although still in its early stages, I guess—that it’s really dangerous.” Changing attitudes, let alone proving liability in a court of law, could be very hard, he told me by phone. “Tobacco smoke is in many ways like natural gas; it’s made up of a number of different chemical elements,” he said. “I think that people may have a real problem trying to accept the idea that small concentrations of leaking natural gas, particularly benzene, might cause health problems, the same way that people had real difficulty believing that amounts of drifting tobacco smoke could cause health problems. It is very difficult to come up with a study which would show it.” Establishing liability for prior sales of gas ranges might be impossible, agreed Richard Daynar, a law professor at Northeastern University who has worked for decades to establish the tobacco industry’s liability for death and disease caused by its products. Until a scientific consensus emerges, companies can’t necessarily be held responsible for not warning the public about something. (There is now a lot of evidence, however, that the fossil fuel industry knew its products could be causing climate change long before the public did, and hid it—an interesting point of comparison.) But now it looks like there is an emerging consensus. “So going forward,” Daynar added by email, “I do think gas stoves might meet the criteria for product liability: an unreasonably dangerous product for which a safer alternative (electric stoves) exists. There may also now be an obligation of gas stove manufacturers to warn consumers of the risks described in the article, both on the stoves themselves and in their promotional materials.” Banzhaf also pointed to a segment of the population for public health advocates and those concerned about gas stoves to focus on: those who may have heightened sensitivity to this air pollution, much as those with asthma could quickly be shown to be harmed by secondhand smoke. “To put a good spin on it,” he said, “the long experience we’ve now had with tobacco smoke pollution, showing that it creates a risk even for people in nonsmoking sections, might make it easier for the people who are concerned about natural gas to convince people that even the small amounts of benzene which are drifting out could be having some kind of effect.” There are a lot of different steps that could be taken at this point, Banzhaf added. “You could have government warnings, which is what we did with smoking. They weren’t terribly effective, but you could have PSAs, as we call them.” Government policies could require the company selling the device to warn consumers, although package warnings also aren’t very effective, he added, “because by the time you’ve bought it you’re not going to send it back ’cause you saw this little note.” The “better option,” he said “is to require they do it during their advertising and promotion. This is what we do with smoking,” although it also can lead to First Amendment challenges in court. Tax incentives for replacing gas stoves with electric are another option. “The final step of course is to ban new ones. You almost certainly can’t do that retroactively, but you can say, ‘As of a certain date, you can’t buy these things,’” he said. Some cities are now doing this, banning new gas hookups starting in a particular year. And while it can be very hard to force people to replace products, municipal governments could at least start requiring landlords to put warning signs on the gas stoves they install in their units for renters’ use. Those signs might be cold comfort to people forced to live with the appliances. But if there’s any message from the accumulating research on the dangers of gas stoves—and we haven’t even covered the climate damages here—it’s that no one should be fooled, going forward, into thinking gas stoves are some kind of lifestyle promotion. Government action to spread this information far and wide and counter industry messaging ought to be considered the bare minimum at this point. And it’s easy. “They might be reluctant to ban gas ranges; might be somewhat reluctant to charge a higher tax for putting one in,” Banzhaf said. “But to simply say, ‘We will prepare the sign, and we will require every landlord to come down and pick one up and put it on every range in the building’? That’s not a big burden.” —Heather Souvaine Horn, deputy editor |