Biden-Appointed Judge Delivers Huge Blow To Attempted Gas Stove Ban

A federal judge has dismissed most of a class-action lawsuit brought by a California resident accusing a leading appliance maker of fraudulently marketing a gas stovetop as safe despite its emissions.

Judge Araceli Martínez-Olguín of the U.S. District Court for the Northern District of California, appointed by President Biden and confirmed by the Senate last year, ruled to reject the bulk of Charles Drake’s claims against GE Appliances’ parent company, Haier Appliances.

However, the court did not dismiss Drake’s claim that Haier Appliances breached an implied warranty of merchantability.

“Drake does not allege the necessary elements of fraud by omission under California law,” Martínez-Olguín wrote.

“Most glaringly, Drake fails to plead the second and fourth elements of fraud by omission: that Haier held a duty to disclose the fact of the emissions to him, or that Drake justifiably relied on Haier’s concealment of the dangerous emissions from his gas stove.”

The judge continued, “Drake alleges no connection between Haier and the studies he cites, appearing to conclude merely that Haier ‘should have known.’ This does not meet the specificity required for claims sounding in fraud. Therefore, the claims sounding in fraud must also be dismissed on this basis.”

Drake’s lawsuit centered around allegations against Haier for misleading consumers regarding the safety of gas stoves, specifically a GE gas stove he purchased in November 2022. Drake claimed that these stoves, marketed and sold by Haier, were inherently defective due to their emission of pollutants linked to various health issues, despite being presented as safe.

He argued that Haier was aware of the harmful emissions and potential safer design alternatives but failed to disclose this to consumers, leading to inflated prices and economic loss for the purchasers. The court, however, found no compelling reason to rely on the documents for the motion to dismiss, denying the request as moot.

The court has allowed Drake until March 14 to submit a revised complaint, indicating that the lawsuit remains active.

Former EPA Administrator Andrew Wheeler stated on Thursday that President Joe Biden and fellow Democrats aim to prohibit gas stoves by any means necessary.

“That was obviously the plan,” he remarked during his appearance at the Conservative Political Action Conference, located just outside of Washington. “And as soon as it got out, they immediately backtracked.”