Fight over Denver’s flavored tobacco ban heats up
Denver’s ban on flavored tobacco products is set for a showdown this fall as Children’s Hospital Colorado and a coalition of health advocates have launched a campaign urging voters to uphold the city ordinance passed last year.
Launched at a news conference Thursday at the Children’s Colorado Outpatient Care Center, “Denver Kids vs Big Tobacco” is a campaign in response to an initiative placed on the November ballot by local vape store owners to reverse the ordinance that bans the sale of flavored tobacco products.
The ballot will ask voters this fall if the city should retain or repeal the ban.
“This will be a battle worth fighting,” District 9 Councilmember Darrell Watson said. “We stood with kids, we stood with families throughout Denver, and we’ve asked them to stand in solidarity and vote yes in November.”
The law, which makes it illegal for any retail tobacco store to “sell, offer for sale, give, barter, deliver or furnish any flavored tobacco product or samples of such products,” went into effect on March 18. Still, according to the city’s health department, it is not expected to be fully enforced until 2026.
Supporters of the city’s ban argue that flavored tobacco products are particularly attractive to youth due to their colorful packaging and candy-like flavors and serve as a gateway to further substance abuse.
Opponents of the ban say it punishes legitimate retailers who follow the law and restrict sales to those 21 years or older.
“According to the Healthier Kids Colorado survey, 86% of Denver teens report they were not refused due to age when trying to buy a tobacco product,” said Eric Heydorn, director of government relations for the American Heart Association.
The city estimates the economic impact of flavored tobacco products in Colorado amounts to $2.2 billion in annual healthcare costs, $4.4 billion in smoking-caused productivity losses and $415 million in estimated Medicaid costs — a $772-per-household tax burden.
“Let’s be clear what we’re up against,” Campaign for Tobacco Free Kids Regional Director Jodi Radke said. “The tobacco industry is targeting Denver’s kids by putting kid-friendly flavors into trendy devices like e-cigarettes and nicotine pouches.”
Phil Guerin, who serves as president of the Rocky Mountain Smoke-Free Alliance Board of Directors and owns Myxed Up vape stores, said the ban will cost many family-owned businesses their livelihoods and the city more than $13 million in annual tax revenue.
“Unfortunately, they are categorizing us (vape stores) as big tobacco,” Guerin told The Denver Gazette. “We are not big tobacco, and this ban does absolutely nothing to keep kids safe — all it does is target small businesses and cut into city tax revenue.”
This is not the first time Denver has waged a battle over flavored tobacco products.
The City Council passed a measure in 2021 but then-Denver Mayor Michael Hancock vetoed it.





