The proposed ban against the sale of flavored tobacco products in Denver was advanced by the City Council on Monday, with a new year-delayed 2023 implementation date.

The ban, which was first proposed in early October, was published in a 12-1 vote following more than two hours of public hearings and council debate. The proposal will now move forward for a final vote next Monday.

If passed, the ban would apply to flavored tobacco products sold in all establishments in Denver, with exemptions for Hookah, natural cigars, pipe tobacco and harm-reduction tools. That means flavored menthol cigarettes, chewing tobacco and vaping products could not be sold — the last of which is the main target of the ban to try to reduce youth tobacco use.

“The focus has always been protecting the health of our community starting with our kids,” said Councilwoman Deborah Ortega, co-sponsor of the ban. “This is an opportunity to look at how we protect our youth and, at the same time, it’s protecting our adults who have been historically targeted (by the tobacco industry).”

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On Monday, the council narrowly voted down two proposed amendments to the ban that would have exempted menthol cigarettes and all flavored tobacco products sold within specialty age-restricted stores. Those amendments failed in 5-8 and 6-7 votes, respectively.

Supporters of the amendments said they would minimize the impact the ban has on adult tobacco users. However, opponents pointed to city surveys showing that one-third of Denver’s young tobacco users smoke menthol cigarettes and the second top source of tobacco products for youth is adults over the age of 21, who would have access to the age-restricted stores.

The council approved an amendment to delay the implementation of the ban from July 1, 2022, to July 1, 2023. That amendment passed in an 8-5 vote, with council members saying they hope it will reduce the impact the ban has on small tobacco-selling businesses.

“I think it is a fair amendment in light of the failure of the prior two amendments,” Councilman Kevin Flynn said. “We basically just gave a death sentence to the businesses sitting out here, I think it’s only fair that we give them more than six months to deal with whatever the fallout is, should the bill pass.”

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During Monday’s council meeting, dozens of people packed into the council chambers for the public hearing. Several of the speakers wore opposing shirts reading “vaping saves adults” and “flavors hook kids.”

Speakers were split with approximately two-thirds in opposition and one-third in support. Arguments in opposition included the negative economic impacts on small businesses and preventing adult tobacco users from buying products. Arguments in support included improving public health and combating the tobacco industry’s targeting of marginalized communities.

Among council members, the debate centered on whether the ban would achieve its goal of preventing youth tobacco use.

Though only Councilman Chris Herndon voted against the ban on Monday, it is not guaranteed to pass the final vote next week. Multiple council members said they were still on the fence about their vote and Councilwoman Kendra Black said she will definitely vote “no” next time.

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“We all agree that kids should not use tobacco and we all agree that smoking is bad and kills people. However, this is not a good policy,” Black said. “It will not prevent people from smoking and it will not prevent kids from getting vaping products. People can get them online, from neighboring cities and non-flavored products are still available in Denver.”

In 2020, roughly 1 in 5 high school students and 1 in 20 middle school students used e-cigarettes, according to the Centers for Disease Control and Prevention.

Of tobacco users between 12 and 17 years old, 81% said they started by using flavored products and 79% said they use a product because it comes in flavors they like, according to a study by the Food and Drug Administration and National Institutes of Health.