Opponents of Denver’s new law banning the sale of flavored tobacco products within the city limits have launched efforts to overturn the measure by taking their fight to the ballot this November.
The law, which makes it illegal for any retail tobacco store to “sell, offer for sale, give, barter, deliver or furnish any flavored tobacco product or samples of such products,” goes into effect on March 18, 2025, but according to the city’s health department, it is not expected to be fully enforced until 2026.
On Jan. 17, vape shop owners Ellen Rochelle, Shanna Finch, Kristen Hensel, Phil Guerin, and Russel Hensel filed a petition for a referendum with the city’s Clerk and Recorder’s Office. They are seeking to add a ballot initiative to remove amendments to the city municipal code that prohibit retail tobacco stores from selling flavored tobacco products.
The proposed ballot title is: “Shall the voters of the City and County of Denver retain ordinance number 24-1765, entitled ‘A bill for an ordinance amending Chapters 24 and 34 of the Denver Revised Municipal Code regarding the sale of tobacco products, including flavored tobacco products,’ which prohibits the sale of flavored tobacco products by retail tobacco stores?”
Guerin, who serves as president of the Rocky Mountain Smoke-Free Alliance Board of Directors and owns Myxed Up vape stores, said the ban will cost many family-owned businesses their livelihoods and the city more than $13 million in tax revenue annually.
“Once again, e-cigarette sellers have put their profits over kids’ health by launching a ballot initiative to overturn Denver’s new law ending the sale of flavored tobacco products, including flavored e-cigarettes, menthol cigarettes, and flavored cigars,” said Jodi Radke, Rocky Mountain/Great Plains regional director for the Campaign for Tobacco-Free Kids, in a news release.
City documents show the economic impact of flavored tobacco products in Colorado amounts to $2.2 billion in annual healthcare costs, $4.4 billion in smoking-caused productivity losses and $415 million in estimated Medicaid — a $772 per household tax burden.
Supporters of the ban suggest the product’s sweet and candy-like flavors target youth, in particular, and serve as a gateway to further substance abuse.
When it comes to protecting children from tobacco products, Guerin said vape store owners and opponents have a lot in common.
“We both want to keep kids away from tobacco,” he said.
However, he said the city’s ban will not work.
“Kids don’t get those products from us,” Guerin said. “So it’s extremely disheartening that we’re the ones that are being blamed for this entire horrible situation.”
Guerin said most underage users get such products online.
“If we truly want to protect kids from tobacco, then we should be looking at banning cigarettes, too,” said Guerin. “But no one wants to talk about that.”
Some law enforcement officials say the ban will only drive the price up and increase criminal activity.
Guerin said he estimates that the ban will affect more than 550 retailers in Denver that sell flavored tobacco products.
This is not the first time Denver has waged a battle over flavored tobacco products.
A similar measure was previously passed by the City Council in 2021 but vetoed by then-Denver Mayor Michael Hancock.
Guerin said the petition, which has been circulating for just under two weeks, has already garnered 25% of the signatures required by the City and County of Denver.
For the measure to be on the November ballot, Guering and his group will need to have close to 9,500 valid signatures from registered Denver voters by March 19, 2025.
“This effort is certain to fail because of the strong public support for Denver’s new law,” Radke said in a statement “It was passed by a nearly unanimous City Council. It was supported by a coalition of more than 100 community organizations, including Denver Public Schools and students who bravely spoke out about the harmful impact of flavored tobacco products.”
Denver joins Aspen, Boulder, Carbondale, Edgewater, Glenwood Springs, Golden, and Snowmass Village in adopting restrictions or bans on flavored tobacco products.
This article was originally published by a denvergazette.com . Read the Original article here. .