A Denver City Council committee gave initial approval Wednesday to a proposed ban on the sale of most flavored tobacco products in the city.
It would prohibit the sale in Denver of products including fruit and candy flavored e-cigarettes, menthol cigarettes, flavored hookah tobacco and flavored chew and pouches.
On a 6-1 vote members of the Safety, Housing, Education & Homelessness Committee approved the measure, sending it on to the full city council. Mayor Mike Johnston has already said that he supports the idea.
The sponsors of the measure say it’s a way to stop tobacco manufacturers from selling dangerous products that appeal to young people. Opponents, mostly representing tobacco manufacturers and sellers, argue the ban is overreaching, will severely hurt business and ultimately won’t drive down youth consumption. And one council member asked whether the ban would simply create a black market.
The health impacts of tobacco use were central to a presentation from sponsors Serena Gonzales-Gutierrez, who holds an at-large council seat, Shontel Lewis, who represents District 8, and Darrell Watson, who represents District 9.
Vape sales are on the rise
U.S. e-cigarette sales rose 47 percent from 2019 to 2023, the council members said. More than 8 in 10 sales are of flavored products, and disposable vapes dominate the market, often having high nicotine content. A U.S. Surgeon General’s report stated tobacco use remains higher for some groups, making tobacco-related disparities a “serious social injustice.”
Sales restrictions and other measures have been effective elsewhere, like Massachusetts, which has seen a more than 80 percent cut in flavored sales, the sponsors said.
One in four cases of pancreatic cancer are tobacco-related, the sponsors said, citing the Department of Public Health and Environment.
Those data points represent real people, councilmember Watson said.
“I can speak to my individual family members that have died from tobacco use,” he said, “specifically from smoking menthol cigarettes that were created and targeted for my family solely on the purpose because we're African-American.”
The Denver ban would affect menthol sales, but the latest version of the proposal exempts flavored tobacco consumed from a hookah pipe, a common practice in some cultures of the Middle Eastern and North Africa.
Is the black market a concern?
Kevin Flynn, who represents District 2 in the southwest of the city, was the lone no vote.
He questioned whether the approach will have detrimental results beyond just hurting local businesses.
“How do we know that a ban will work other than in working to create a black market, which is dangerous and a law enforcement problem?” Flynn asked.
“The only thing we do know will come from this is it will do harm to 580 small businesses and some large, like King Soopers, it will do harm to them, who are abiding by the law and selling only to adults. If the issue is youth usage, why are we banning it for adults as well?”
A representative of the Denver Police Department said it didn’t believe the measure would create a black market. That came in response to a question about a murder involving a botched robbery of vape cartridges.
The department looked into about 140 cases of robberies and burglaries where a vape product was involved, said Aaron Sanchez, division chief of patrol with DPD.
“Right now, we don't believe it would create a black market of any kind,” Sanchez said. “We actually think that if stores did not have these products, they wouldn't be targeted by juveniles who could not purchase those products anyway.”
Tobacco makers and sellers oppose the ban
The tobacco industry, convenience stores and vape shops vehemently oppose the ban. If Denver passes the proposal, consumers will just travel to nearby towns where flavored products are sold, representatives from those groups say.
Grier Bailey, executive director of the Colorado Wyoming Petroleum Marketers Association, which represents 2,200 retailers, including convenience stores, said he had offered a compromise proposal to the sponsor that would ban flavored vape products, but allow other flavored tobacco to be sold.
“Our proposal is not just ‘vote no,’ that's not what we're saying. We're saying, ‘Work with us and do better,’” Bailey said. “Be more effective and drive the vaping category down.”
A flood of foreign products
Many of the products young people use, like Elf Bar disposable vapes, come flooding into the U.S. from foreign countries, and the federal Food and Drug Administration hasn’t been able to step the tide.
“It's these foreign manufacturers who are willfully violating all of our laws and rules,” Bailey said, noting regulators get better compliance from American manufacturers.
Watson said he and the sponsors were listening to all suggestions.
Vape shop owner Phil Guerin told us in an interview at his shop on Colfax that he and his staff work diligently to not sell products to those under 21, with signs posted prominently reminding customers sales are only for those other than that age.
But adult consumers should be free to purchase the products, he argued, adding that many adults use flavored nicotine products to try to quit smoking. “We don't need government telling us what we need to do,, making our own health choices for us,” Guerin.
A similar proposal to ban flavored products in Denver was vetoed by former Mayor Michael Hancock in 2021. But current Mayor Mike Johnston has signaled his support.
“We’re committed to protecting youth health through common sense measures, and Mayor Johnston supports this initiative,” spokesperson Jordan Fuja wrote in an email to CPR.
The city council is expected to hold a public hearing on the proposal on Dec. 9, followed by a final vote on Dec. 16.
