After months of debate, the Denver City Council approved a controversial ordinance that outlaws the sale of flavored vaping and other tobacco products, including menthol, beginning in July 2023. With Monday’s 8 to 3 vote, Denver becomes the seventh Colorado municipality to enact a ban on flavored e-cigarettes.
Exemptions are in place for hookah products, natural cigars, pipe tobacco and harm-reduction products. The ordinance also calls for retailers to receive a warning for a first offense, however, subsequent offenses could lead to a store losing its tobacco retail license.
Proponents of the ban argue tobacco companies have long used predatory marketing of menthol to lure people of color, those with low incomes and youth — especially those who identify as LBGTQ+. Companies deny this, according to an article on denverite.com.
“This proposal tonight, it really is about public health,” said council member Jamie Torres, who represents District 3 and voted for the proposal. “Our kids aren’t property owners. They’re not business owners, but they are the ones who are also telling us we need to make this less accessible to them.”
City Council President Staci Gilmore argues that Denver already regulates alcohol and cannabis. “We want to keep kids safe, but we also want to allow adults to be adults,” said Gilmore, who represents District 11, and voted against the measure. Last month, councilmember Kevin Flynn called the bill an overreach affecting adults who want to use these products.
Grier Bailey and Jonathan Shaer, writing for Colorado Politics, state that Denver city councilmembers should consider what’s happened to Massachusetts since it passed a statewide flavor ban of its own in 2020. “The state gave up a well-regulated and enforced network of licensed retailers, lost over $140 million on the sale of menthol cigarettes, and public health advocates can’t claim any empirical health benefits from the ban as the data shows most consumers shifted their purchase habits to other states or other nicotine products and flavors,” they state. “Many Massachusetts retailers have reduced employee hours and even had to cut jobs. The flavor ban has been a failure at every level.”