Denver Mayor Michael B. Hancock Friday vetoed the controversial bill that would have outlawed the sale of flavored tobacco products in the city.

Hancock’s office issued a release stating the bill was well intentioned, but not the right tool to address the problem of underage tobacco use.

“I share with the sponsors of this ordinance the desire and goal to reduce youth nicotine use in our city, especially youth vaping, which has become increasingly prevalent,” Hancock said in a statement. “The health of our children is of critical importance – my goal is not to stop this conversation with this veto, my goal is to broaden it.”

The Denver Gazette has reached out to a sponsor of the bill, At-Large Councilwoman Robin Kniech, for comment.

The 416 tobacco retailers in Denver likely breathed a sigh of relief. Many told The Denver Gazette the lost sales would damage their businesses, which are already regulated not to sell products to those under 21.

On Monday, the Denver City Council approved the bill to ban the sale of most flavored tobacco products in the city beginning on July 1, 2023. It would have outlawed the sale of  flavored menthol cigarettes, chewing tobacco and vaping products in any establishments in Denver. Hookahs, natural cigars, pipe tobacco and harm-reduction tools would have been exempted.

“Previously, we’ve taken steps together to reduce youth nicotine use, including raising the purchase age to 21, instituting a new tobacco retail store license and enhancing enforcement efforts,” Hancock said.

“However well intentioned, this ordinance falls short. We can work on this in a more collaborative way and we can also move to enhance our existing regulatory framework, in addition to pursuing a broader strategy by acting state-wide or at least regionally.”

Phil Guerin, the owner of Myxed Up Creations, cheered the veto. He said he thinks kids are likely getting flavored tobacco products mostly online or from home, rather than directly from stores, and added it doesn’t make sense to put sole responsibility for stopping youth vaping on retailers. Parents and schools also have to take responsibility, he said.

“We need a community solution. And a community solution being, you need to bring us to the table, you need to bring the schools to the table, you need to bring parents to the table.”

Guerin said he plans to meet next week with Councilwoman Kendra Black of District 4 to discuss legislation that would impose harsh penalties for retailers that sell to people under 21. Penalties need to be more than “a slap on the wrist,” he said, and include a combination of fines and a possibility for retailers to lose their licenses for repeated violations.

“My expertise is obviously what I can do as a retailer to make sure that kids aren’t vaping.”

Brian Fojtik, a consultant for the National Association of Tobacco Outlets, said he believes City Council focused on making a statement rather than identifying sources that enable kids to vape, such as retailers who sell to underage people.

In addition to impacts on local businesses, critics of banning flavored tobacco products altogether have also said they play an important role in helping adults wean themselves off cigarettes. Fojtik said a ban “attack[s] the supply of the problem without looking at the demand and educational programs.”

“We look forward to working with the mayor’s administration and with council members to craft specific ordinances targeted at where the problems exist,” he said.

The Colorado Convenience Store Association provided a statement in support of increasing penalties for “bad actors” in the industry, higher standards for age verification and ensuring retailers sell products that are approved by state and federal regulators. 

“The Mayor and the Council will find the Association and our members willing  partners in stopping kids from getting these products in our stores,” said the statement.