Denver’s City Council last week passed a ban on most flavored tobacco in the city, and Mayor Mike Johnston has signed the ordinance, according to his spokesperson.
But the exact timing for enactment and enforcement is unclear.
“In the ordinance, it officially goes into effect in 90 days,” said press secretary Jordan Fuja in an email. She noted the staff from the city’s Department of Public Health and Environment testified to Council members that it would likely take some time, “So it could be up to a year before we see enforcement.”
DPHE told Denverite its team has some work to do internally related to updating systems and procedures and training staff. Then DPHE plans to work with the City Council on a timeline to begin enforcement.
“We are committed to making sure there is adequate time to educate all retailers before we begin enforcement,” said Emily Williams, the agency’s marketing and communications director.
The ordinance prohibits flavored vaporizers, menthol cigarettes and flavored cigars, chews and pouches from being sold in the city. Flavored hookah tobacco can still be sold.
The change is expected to affect some 550 retailers that sell the products in Denver.
Stores that sell the products say they’re waiting to hear more. Some testified during Council deliberations it would put their businesses in jeopardy.
Phil Guerin, who owns the vape shop Myxed Up Creations on Colfax Ave., called the Council’s decision ill-conceived and negligent, with no consideration for the added work for the DPHE, “whose primary responsibility is to educate the general public, not be a wing of law enforcement.”
“There has been absolutely no communication or guidance for the businesses that this will affect including time and date schedules for enforcement, what education the city will provide, and what resources are available for the businesses that are impacted,” Guerin said.
Many retailers have long-term leases and have made personal guarantees on the leases, “which would put their personal finances in peril,” Guerin said in an email.
"It is our understanding that the American-based manufacturers and distributors that we work with will stop allowing any flavored products to be distributed in Denver in accordance with the ordinance,” said Grier Bailey, executive director of the Colorado Wyoming Petroleum Marketers Association, which represents 2,200 retailers statewide, including convenience stores.
Bailey said the group is okay with additional accountability for store owners. But he and other opponents have said they believe the ban will result in an illicit market popping up in Denver, and that the language of the bill unfairly targets responsible businesses, which aren’t selling unauthorized foreign-made flavored products.
“We cannot speak for people already selling illegal products,” he said. “We stand on the side of parents who object to someone selling these from a garage or truck without penalty under Denver code."
