December 4th 2024.
During a meeting on Wednesday, the Denver City Council's Safety, Housing, Education & Homelessness Committee made a decision to push forward a proposal that would prohibit the sale of most flavored tobacco and nicotine products within the city. Despite facing strong opposition from the industry and retailers who specialize in e-cigarettes and vapes, the measure was approved with a 6-1 vote and will now be considered by the full council. This is the second attempt in the last three years to implement a ban on flavored tobacco products.
If passed, the ordinance would make it illegal to sell any type of flavored tobacco or nicotine product within the city's limits, including menthol cigarettes and flavored e-cigarettes and vapes. The main objective, as stated by the sponsors of the ordinance, is to safeguard the health of young individuals. However, retailers, such as Phil Guerin who owns a vape shop in Denver, argued that the ban would unfairly penalize law-abiding business owners who do not sell to underage customers and would also result in the loss of millions in sales tax revenue. It's worth noting that in Colorado, the minimum age for purchasing tobacco products is 21.
The proposed ordinance was introduced in October, but its progress was delayed until November as sponsors engaged in discussions with industry representatives and considered their feedback. The updated version of the ordinance, which was discussed during Wednesday's meeting, includes an exemption for flavored tobacco that is smoked through hookah pipes, a popular practice in Middle Eastern and North African cultures. This is a significant change from the original proposal.
The overall structure of the ordinance, including the hookah exemption, closely resembles a similar ban that was passed by the council in 2021. However, the then-mayor, Michael Hancock, vetoed the law, arguing that Denver acting alone would not be enough to prevent underage individuals from accessing flavored tobacco products, especially when neighboring municipalities still allowed their sale. However, his successor, Mike Johnston, has expressed his support for the ban if it is approved. The next step in the process is a public hearing before the full council votes on the measure, which may take place later this month.
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