Tag: colorado

  • Denver, Colorado Again Passes Tobacco Flavor Ban

    Denver, Colorado Again Passes Tobacco Flavor Ban

    Credit: Marek Photo Design

    On Monday evening, the Denver City Council passed the final reading of an ordinance that will ban the sale of flavored tobacco products in the city. The ban passed by a vote of 11-1.

    The law, which still needs the signature of Mayor Mike Johnson, will go into effect in 90 days and will ban the sale of all forms of flavored tobacco, including cigars and pipe tobacco, as well as flavored vaping products. It does not apply to flavored tobacco intended to be smoked in a hookah that is sold at a hookah tobacco retailer.

    Retailers who violate the ban will face suspensions of their privilege to sell tobacco products should they receive two or more violations within the one-year window. Suspensions start at least 30 days and increase to a year for four or more violations. Additionally, that window will go wider in the coming years; as of Jan. 1, 2027, two violations in two years earn a 30-day suspension.

    A total of 34 individuals signed up to present comments to the council, which limited the public comment portion to 30 minutes before the vote. People came to speak in support of and in opposition to the ordinance; retailers told the council that a ban would hurt numerous businesses and cost the city tax revenue, as customers would take their businesses elsewhere. A council member indicated that 15 of the 18 municipalities that border Denver do not have similar bans in place.

    Retailers also said they would shift sales to the unregulated black market while taking ancillary purchases, usually made at convenience stores, into other cities and towns. One retailer noted that 536 tobacco retail stores in the city will be adversely affected by the ban. Other retailers also said that the council failed to adequately work with retailers in developing the ban and enforcing its existing laws on sales to minors.

    Speakers connected to law enforcement also suggested that it would fuel the growth of the black market, which comes with increased criminal activity and products of inferior quality that could pose an even greater health risk, Halfwheel reports.

    The Cigar Association of America wrote to the council to oppose the ban, saying in a Dec. 3 letter that “this blanket approach is a disproportionate and ineffective attempt to address any issues of youth usage, especially considering that the only facts and allegations presented as justification for the Proposed Ordinance relate to other product categories – such as vapor and cigarette products.”

    A representative from Mayor Mike Johnston told Denver7.com that “we’re committed to protecting youth health through common sense measures, and Mayor Johnston would be in support of this initiative should Council pass it.”

    The ordinance does not make it illegal to use a tobacco product, with city representatives telling the council that a person would not be stopped and cited for using a flavored tobacco product.

    In 2021, the Denver City Council passed a similar ban, only to have it vetoed by then-Mayor Michael Hancock. The council came up one vote short of overriding the ban.

  • Colorado CBD Company Settles Suit With State

    Colorado CBD Company Settles Suit With State

    Colorado US state flag with statue of lady justice, constitution and judge hammer on black drapery. Concept of judgement and punishment

    Bee’s Knees CBDs, based in Colorado, has reached a $225,000 settlement with the state attorney general after an investigation revealed that the company misrepresented its product offerings, falsely claimed partnerships with nonprofits, and failed to verify the ages of its customers.

    The fines could increase to $495,000 if the company fails to comply with the settlement’s terms, which include the initial $225,000 over a series of payments and the company’s pledge to “fully comply with state law” moving forward, Colorado AG Phil Weiser’s office said in a press release.

    Bee’s Knees sells industrial hemp-derived cannabinoid products both wholesale and on its website directly to consumers. While many of the company’s offerings include non-intoxicating products like CBD gummies and topicals, some of the products are infused with hemp-derived THC — and, while the website lists the products as being restricted to customers aged 21+, the products could previously be purchased without providing proof-of-age, the release said.

    Colorado Attorney General Phil Weiser, in a statement, said, “Colorado is committed to maintaining an effective system of overseeing the sale of legal cannabis products — one that keeps it out of the hands of kids, ensures safety standards, requires chain-of-custody tracking, and gives consumers important information about the products they buy, according to reports.

    “In this case, the company misrepresented to their customers the source and nature of their products and sold intoxicating products without verifying the age of customers. This settlement will hold them accountable for those violations of the law and will ensure compliance in the future.”

  • State General Assembly Kills Colorado Flavor Ban Bill

    State General Assembly Kills Colorado Flavor Ban Bill

    Credit: Christopher Boswell

    It happened again. For the second time in the last three sessions, a bill to regulate flavored nicotine products has died in Colorado’s General Assembly.

    The proposal would have allowed a board of county commissioners to ban flavored tobacco and nicotine products. The House Business Affairs & Labor Committee defeated it on a 6-5 vote, according to Colorado Public Radio.

    Several lawmakers on the committee voting against the bill cited concerns about its impacts on local businesses, echoing testimony from several vape shop owners who said it would have hurt sales if a county banned flavored vaping and other tobacco products.

    “We have a long history of choosing to listen to the tobacco lobby,” said bill sponsor Rep. Elizabeth Velasco, as she appealed to her colleagues before the vote. “I hope that today we can really think about the children and make sure that we do the right thing to make sure that our children don’t have access to these products that have been targeted for them.”

    The measure had already passed a Senate committee and the full Senate. As has been seen in prior years, the bill drew intense lobbying, with 141 lobbyists from both sides signing up to voice support, opposition, or neutrality, according to the state’s lobbyist disclosure website.

    Tobacco companies like PMI, RJ Reynolds America, and Altria, represented by the lobbying company Brownstein Hyatt Farber Schreck, and industry groups, including the Vapor Technology Association, hired lobbyists in opposition to the legislation.

    All the traditional anti-nicotine groups such as Bloomberg, Tobacco-Free Kids Action Fund and Kaiser Permanente also hired lobbyists in support.

    In 2022, a bill to ban flavored tobacco statewide failed after Gov. Jared Polis said the issue should be handled at the local level.

  • Colorado Senate Approves County-Wide Flavor Bans

    Colorado Senate Approves County-Wide Flavor Bans

    Credit: Marek Photo Design

    Last week, the Colorado Senate voted 21-14 in favor of S.B. 24-022, a bill that allows counties in the state to pass bans on the sales of flavored tobacco products and regulate the distribution of tobacco products.

    While the bill itself wouldn’t ban the sale of flavored tobacco products, it would open the door to local bans, which are currently forbidden.

    This is the second time in recent years that the Colorado General Assembly has moved towards allowing local control over tobacco regulation. In March 2019, H.B. 1033 was enacted, allowing Colorado cities, towns, and counties to increase the minimum age to purchase tobacco products to 21 and increase taxes and retailer licenses, according to Halfwheel. Previously, those actions were prevented via a preemption clause.

    That law was signed by Gov. Jared Polis, who remains governor today. Two years ago, Polis, a Democrat, indicated that he opposed efforts to ban the sale of flavored tobacco products statewide, saying that he instead supported giving local communities the option to enact their own bans.

    S.B. 24-022 now moves on to the House of Representatives.

  • Colorado Bill Would Allow Counties to Ban Flavors

    Colorado Bill Would Allow Counties to Ban Flavors

    Credit: Marek Photo Design

    A Senate bill in Colorado would grant counties the power to regulate or ban the sale and distribution of flavored vaping, cigarettes and other nicotine products.

    Senate Bill 24-022 defines flavored nicotine and tobacco products as anything with a scent or flavor other than tobacco, including products that induce a cooling or numbing sensation. 

    Citing the U.S. Centers for Disease Control and Prevention, Rep. Kyle Brown, a sponsor of the legislation, said nearly 9 out of 10 adults who smoke every day first tried smoking “before they turned age 18.”

    He said tobacco products are linked to negative health effects, including cancer, and that e-cigarettes and other vape products are “highly addictive and can harm adolescent brain development.”

    similar bill was introduced during the 2022 legislative session but died in the Senate. At the time, Gov. Jared Polis said he opposed the bill because he thought the matter should be handled at a local level.

  • Disposing of Disposable Vapes a Problem for Cities

    Disposing of Disposable Vapes a Problem for Cities

    vape trash disposable garbage waste
    Credit: Benny Robo

    The nationwide use of disposable e-cigarettes is creating a new challenge for local governments trying to figure out how to dispose of them properly. One of the main issues is that the millions of tiny, battery-powered products consumers toss in the trash every year are classified as hazardous waste.

    The devices, which contain nicotine, lithium and other metals, cannot be reused or recycled. Under federal environmental law, they shouldn’t go in the trash.

    “We are in a really weird regulatory place where there is no legal place to put these and yet we know, every year, tens of millions of disposables are thrown in the trash,” said Yogi Hale Hendlin, a health and environmental researcher at the University of California, San Francisco, told the Associated Press.

    Cost concerns

    In late August, sanitation workers in Monroe County, New York, packed more than 5,500 brightly colored e-cigarettes into 55-gallon steel drums for transport. Their destination? A giant, industrial waste incinerator in northern Arkansas, where they would be melted down.

    Sending 350 pounds of vapes across the country to be burned into ash may not sound environmentally friendly. But local officials say it’s the only way to keep the nicotine-filled devices out of sewers, waterways and landfills, where their lithium batteries can catch fire.

    “These are very insidious devices,” said Michael Garland, who directs the county’s environmental services. “They’re a fire risk and they’re certainly an environmental contaminant if not managed properly.”

    Elsewhere, the disposal process has become both costly and complicated. In New York City, for example, officials are seizing hundreds of thousands of banned vapes from local stores and spending more than $1 each for disposal.

    Hazardous waste

    Vaping critics say the industry has skirted responsibility for the environmental impact of its products, while federal regulators have failed to force changes that could make vaping components easier to recycle or less wasteful.

    Among the possible changes: standards requiring that e-cigarettes be reusable or forcing manufacturers to fund collection and recycling programs. New York, California and several other states have so-called extended product responsibility laws for computers and other electronics. But those laws don’t cover vaping products and there are no comparable federal requirements for any industry.

    Environmental Protection Agency rules for hazardous waste don’t apply to households, meaning it’s legal for Americans to throw e-cigarettes in the garbage at home. But most businesses, schools and government facilities are subject to EPA standards in how they handle harmful chemicals like nicotine, which the EPA considers an “acute hazardous waste,” because it can be poisonous at high levels.

    The lithium in e-cigarette batteries is the same highly sought metal used to power electric vehicles and cellphones. But the quantities used in vaping devices are too small to warrant salvage. And nearly all disposable e-cigarette batteries are soldered into the device, making it impractical to separate them for recycling.

    Disposable e-cigarettes currently account for about 53 percent of the multi-billion U.S. vaping market, according to U.S. government figures, more than doubling since 2020.

    In recent months the FDA has begun trying to block imports of several leading disposable brands, including Elf Bar and Esco Bar. Regulators consider them illegal, but they have been unable to stop their entry to the U.S. and the devices are now ubiquitous in convenience stores, gas stations and other shops.

    FDA’s tobacco chief, Brian King, said in a statement that his agency “will continue to carefully consider the potential environmental impacts” of vaping products.

    Money matters

    Since last November, officials have seized more than 449,000 vape units, according to New York City figures. The city is spending about $1,400 to destroy each container of 1,200 confiscated vapes, but many more remain in city storage lockers.

    “I don’t think anyone ever considered the volume of these in our community,” said New York Sheriff Anthony Miranda, who leads a task force on the issue. “There’s a tremendous amount of resources going into this effort.”

    A recent lawsuit against four large vaping distributors aims to recoup some of the city’s costs.

    For now, New Yorkers who vape can bring their used e-cigarettes to city-sponsored waste-collection events.

    Ultimately those vapes meet a familiar fate: They are shipped to Gum Springs, Arkansas, to be incinerated by Veolia, an international waste management firm. The company has incinerated more than 1.6 million pounds of vaping waste in recent years, mostly unsold inventory or discontinued products.

    Veolia executives say burning e-cigarettes’ lithium batteries can damage their incinerators.

    Boulder finish

    “Ideally we don’t want to incinerate them because it has to be done very, very slowly. But if have to, we will,” said Bob Cappadona, who leads the company’s environmental services division.

    Veolia also handles e-cigarettes from Boulder County, Colorado, one of the only U.S. jurisdictions that actively tries to recycle e-cigarette batteries and components.

    Beginning in 2019, county officials began distributing bins to schools for confiscated or discarded e-cigarettes. Last year, they collected 3,500.

    County staffers sort the devices by type, separating those with removable batteries for recycling. Disposables are packed and shipped to Veolia’s incinerator. Shelly Fuller, who directs the program, says managing vape waste has gotten more costly and labor intensive with the shift to disposables.

    “I kind of miss the days when we had Juuls and I could take each battery out and recycle them very easily,” Fuller said. “No one has time to dismantle a thousand Esco Bars.”

  • Golden, Colorado Passes Ban on Flavored Nicotine

    Golden, Colorado Passes Ban on Flavored Nicotine

    Welcome to Golden sign along Washington street in Golden, Colorado (Credit: PaBrady63)

    Council members in the city of Golden, Colorado, this week voted 6-0 to approve an amended ordinance to ban the sale of flavored vaping and other tobacco products.

    Councilors listened to nearly an hour and a half of public comment before voting on the proposed ordinance, according to media reports.

    Ordinance No. 2216 amends the city’s municipal code to revise business regulations and licensing requirements for nicotine and tobacco product retailers, prohibiting the sale of flavored tobacco products within city limits.

    The new ordinance originally had an effective date of Sept. 1, 2023. The council decided to amend that date to Jan. 1, 2024.

  • New Senate Bill Would Create Marijuana Commission

    New Senate Bill Would Create Marijuana Commission

    Credit: Sagittarius Pro

    For the 10th anniversary of Colorado voters approving marijuana legalization, Sen. John Hickenlooper said that he intends to file a congressional bill to prepare the United States for federal cannabis reform.

    Specifically, the Preparing Regulators Effectively for a Post-Prohibition Adult-Use Regulated Environment Act (PREPARE) Act would direct the attorney general to create a commission charged with making recommendations on a regulatory system for marijuana that models what’s currently in place for alcohol, according to Marijuana Moments.

    The measure is identical to a House companion bill that Reps. Dave Joyce, Hakeem Jeffries and Brian Mast filed in April. Hickenlooper’s staff told Marijuana Moment that the Senate version will be formally introduced when the chamber returns from recess in mid-November.

    The senator sees the commission that would be created by the legislation as similar to a task force he empaneled when he was Colorado’s governor to steer implementation of legalization at the state level.

  • Colorado: State Cannot Sue Juul Labs Executives

    Colorado: State Cannot Sue Juul Labs Executives

    Credit: Wirestock

    The Colorado Supreme Court ruled last week that the Colorado Attorney General Office’s lawsuit against electronic cigarette manufacturer Juul Labs cannot include four of the company’s executives.

    The AG’s Office hoped to hold both the company and the four executives liable for alleged deceptive marketing practices which targeted adolescents and teens.

    Colorado filed its lawsuit against the company in 2020 after a yearlong investigation into the company’s advertising downplaying its products’ nicotine concentration and claims that the product was a healthy alternative to traditional cigarette smoking, according to CBS News.

    In the ruling, Justice Richard L. Gabriel wrote that the AG’s Office’s prosecutors provided “no facts supporting a conclusion that any of the defendants expressly aimed their conduct at Colorado.”

    Six of the seven state justices were in agreement with the ruling. The seventh did not participate in the decision.

    “Had the record shown that these defendants individually targeted Colorado, among other states, then our conclusion might have been different,” Gabriel wrote.

    The ruling reversed a district court decision which rejected a request for dismissal by the executives’ attorneys.

  • Time a Factor as Flavor Ban Bill Dies in Colorado Senate

    Time a Factor as Flavor Ban Bill Dies in Colorado Senate

    Credit: Marek Photo Design

    A bill banning flavored e-cigarettes and other tobacco products failed to make it past key Democratic state senators Tuesday.

    Members of the Senate appropriations committee voted down the bipartisan proposal, HB22-1064, on a 5-2 vote, according to Colorado Public Radio. Three Republicans were joined by Democratic state Sens. Robert Rodriguez and Rachel Zenzinger in voting no.

    The bill had been heavily lobbied and one of the session’s most high-profile and closely watched bills. But Gov. Jared Polis said he opposed it and said the issue should be handled at the local level.

    Rep. Kyle Mullica, a Democrat from Northglenn, said he hoped the measure would help prevent young people from getting hooked on flavored vaping products.

    “We’ve already seen a whole generation become addicted and (the bill) was going to do something about that and was going to make sure that we took a stand here in Colorado and that we put the health of our kids first,” said Mullica, one of four sponsors. “It’s a little disappointing not seeing it get passed.”

    Senate President Steve Fenberg signaled the demise of the bill with reporters earlier in the day. The Senate’s top Democrat said he didn’t think there was time left in the calendar given everything else lawmakers had to finish.

    On Monday, the bill was still alive and moving through the Senate. The finance committee advanced it on a 4-1 vote.