DENVER — The Denver City Council is once again considering an ordinance that would ban the sale of flavored tobacco and nicotine products.
Dozens gathered in support of the ordinance on Monday, which is sponsored by At-Large City Council Member Serena Gonzales-Gutierrez, Council Member Shontel Lewis (District 8), and Council Member Darrell Watson (District 9).
The ordinance would prohibit the sale of all flavored tobacco products, "including fruit and candy flavored e-cigarettes, menthol cigarettes, flavored hookah tobacco and flavored chew and pouches." It would also eliminate penalties for underage purchase, use or possession (PUP) of tobacco products. Supports say such laws do not reduce youth tobacco use or addiction.
Denver
Denver city leaders revisit potential ban on flavored tobacco product sales
A presentation about the ordinance cites the Colorado Department of Public Health and Environment (CDPHE), which found young people who vape are four times more likely to smoke cigarettes a year later. It also points to research that shows the tobacco industry has targeted certain groups of people, including Black and Hispanic communities and young people.
Denver City Council voted to approve a similar ban in Dec. 2021 but it was vetoed by then-Mayor Michael Hancock. A spokesperson with Mayor Mike Johnston's office said he is committed to protecting youth health through common sense measures, and "Mayor Johnston would be supportive of this initiative."
"Now it's being placed in front of a new council, a new mayor, and hopefully we can see this piece of legislation that has been worked on for such a long time come to fruition," said William Navarrete Moreno, a supporter of the potential ban. “One step at a time. So, like, a piecemeal approach. And I think this is a great first step towards creating a healthier future.”
Eric Heydorn, the government relations director with the American Heart Association, addressed the crowd at Monday's rally.
“Flavored tobacco products are not just a health issue. They are a public health crisis," Heydorn said. “Ninety-seven percent of youth who vape report using flavored products, while most report that flavored products are a key reason for use. And this isn't a coincidence. It's a calculated strategy by the tobacco industry to recruit the next generation of nicotine addicts.”
In May, the Centers for Disease Control and Prevention (CDC) published a study that explored how the tobacco industry uses marketing and advertising to target African American communities.
With the support for the ordinance also comes concern about how it will impact retailers that carry the products.
Chip Creager is the president of Creager Business Depot, a wholesaler with around 900 customers throughout the state of Colorado. Most of the businesses they work with are in the Denver metro area.
“Convenience stores, liquor stores, gift shops, anybody that sells convenience store items, candy, tobacco, beverages, groceries," Creager explained.
Creager estimates around a quarter of their products are related to tobacco or nicotine.
“Well, [the ban] wouldn't put us out of business, it would have a meaningful effect, negative effect, on our business — no doubt about it," Creager said. “It doesn't change demand for the product. It just changes it from this jurisdiction to another jurisdiction.”
He believes customers would find the products they want in other locations or online.
“I don't think banning the product is the right solution, and I say that because of the proliferation of online sales. And the real problem that we have in Colorado is there are no guard rails as far as regulation," said Creager. “We don't really have a retail problem in our state. We have an online problem.”
Creager also wonders what the ban would mean for his business.
“We're here in Denver as a distributor, and we distribute all over the state. It's like if flavored tobacco and nicotine products are banned in our city, does that mean they're banned in our warehouse? That's unclear," said Creager. “We have 500 retail stores that we sell vaping products to in Denver. Eighty-plus percent of those are minority-owned businesses. So it's going to have a dramatic impact on our small bodegas, our small liquor stores here in Denver. It will have a dramatic effect on them.”
The ordinance will be heard in committee on Wednesday. If it passed, the city council could vote on it by Dec. 16, according to Councilwoman Lewis.
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