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Denver to decide whether to keep or overturn flavored tobacco ban

REFERENDUM 310 PITS PUBLIC HEALTH AGAINST COMMERCIAL INTERESTS

Newsroom El Comercio de Colorado

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On November 4, Denver voters will decide whether to keep or repeal the city’s ban on the sale of flavored tobacco products, as outlined in Referendum 310. The ballot initiative has sparked intense debate between public health advocates and small business owners.

The referendum puts to a vote a 2024 City Council ordinance that prohibits the sale of menthol cigarettes, fruit-flavored vapes, and similar products within city limits. A “yes” vote would keep the ban in place, while a “no” vote would repeal it and allow sales to resume.

The City Council passed the measure by an 11–1 vote, with most councilmembers arguing that flavored products target young people and encourage early nicotine use. Following the decision, a group of local merchants gathered more than 9,400 valid signatures—enough to place the proposal on the 2025 ballot.

Arguments for “Yes”

Supporters of maintaining the ban, organized under the committee Denver Kids vs. Big Tobacco, argue that the measure is essential to protect new generations from addiction. The campaign is backed by more than 70 community and health organizations, including Children’s Hospital, Servicios de La Raza, and Mi Casa Resource Center.

“Flavored tobacco poses a serious threat to the health of Denver’s children. Vapes can deliver massive doses of addictive nicotine and toxic chemicals such as formaldehyde and lead,” said Nick Torres, advocacy director for the American Lung Association in Colorado.

Arguments for “No”

Opponents of the referendum claim that the ban directly affects more than 500 licensed tobacco retailers in the city. They argue that consumers will simply travel to neighboring cities to buy these products, leading to job losses and an estimated $13 million annual loss in tax revenue.

“This law will impact more than 500 nicotine retailers. My biggest concern is losing $13 million from the city’s budget that comes from taxes on these products,” said Phil Guerin, owner of a vape shop in Denver.

Denver to decide whether to keep or overturn flavored tobacco ban

Response

Despite opposition from the business sector, Torres insists that the positive impact of the ban on preventing youth consumption outweighs the economic losses. “Keeping the ban,” he said, “would reduce addiction risks, improve mental health, and protect adolescent brain development.” The outcome of Referendum 310, Torres concluded, “will reflect how much Denver voters value public health over economic interests.”