Denver voters opt to keep flavored tobacco ban in place

In what is being called one of the city’s most expensive races on this year’s ballot, Denver voters are leaning heavily toward keeping the city’s ban on the sale of flavored tobacco, according to the latest tally.

In late December 2024, the Denver City Council decided to outlaw the sale of flavored tobacco products within the city and county. The ban, which passed on a vote of 11 to 1, 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.”

Michael Bloomberg, the former mayor of New York City, waded into the fight over Denver’s flavored tobacco ban, contributing more than $5 million to Denver Kids vs Big Tobacco, according to Denver Searchlight, the city’s online database for campaign and finance disclosure.

Bloomberg, known for his anti-tobacco stance, has sought to advance policies that discourage tobacco use through his organization, Bloomberg Philanthropies.

a silhouette of a man smoking a vaping device
Denver voters will decide whether to repeal the city’s recent ban on flavored tobacco products on Nov. 4, 2025. (FILE PHOTO: Associated Press)

In March, a group of vape shop owners — Phil Guerin, Ellen Rochelle, Shanna Finch, Kristen Hensel and Russel Hensel — pushed back by turning in 17,000 signatures to the city, almost twice the 9,500 needed, to put Referendum 310 on the Nov. 4 ballot. The referendum sought to repeal the ban.

Guerin, president of the Rocky Mountain Smoke-Free Alliance Board of Directors and owner of Myxed Up vape stores, said getting Referendum 310 on the ballot has been expensive — it cost his group more than $240,000, most of which went to pay the firm that collected and verified the signatures.

“Unfortunately, the voice of a New York billionaire was more influential than that of a real Denverite,” Guerin told The Denver Gazette. “It’s really scary that there’s no limit to the amount of outside money that can be brought in on issues.”

Denver Kids vs Big Tobacco did not respond to a request for comment.

Here’s where Referendum 310 stands after polls closed Tuesday night, according to the unofficial results.

Referendum 310 (Repeal city ban on flavored tobacco): Yes/Retain (71,457; 72.43%), No/Repeal (27,203; 27.57%)


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