(The Center Square) – The Denver City Council on Monday gave its final approval to a measure banning the sale of flavored tobacco and nicotine products in the city.
The measure, Bill 24-1765, passed by an 11-1 vote after hearing public comments.The bill must be signed by Mayor Mike Johnston before it becomes official.
Supporters argued banning flavored tobacco is necessary for improving public health and will reduce use by minors, while opponents argue it would hurt small businesses, lower sales tax revenue, and create a black market for the products within the city.
Mary Szarmach of Smoker Friendly, which has six locations in Denver, called the ban “short-sighted” and “ineffective.”
“Flavored tobacco represents more than 40% of my business here in Denver,” she said during the public comment period. “To say that we would take a hard hit in our stores is an understatement.”
Councilwoman Flor Alvidrez said she was voting for the ban despite concerns that the process was rushed and there should have been more engagement with small businesses.
“While flavored tobacco products are already illegal for minors, we know that the black market already exists and that access continues,” Alvidrez said. “By supporting this ban we are not pretending to solve every problem, but we are taking one significant step: creating more distance between something that harms our children, and our children.”
Councilman Kevin Flynn, the only member to vote no, cited the continued use of fireworks in the city despite a ban as a reason he opposes Bill 24-1765.
“Bans don’t work, as we are loudly reminded every summer, every Fourth of July,” he said. “I recognize the harms tobacco smoking causes. I wish that no one smoked. I wish no one vaped. But I acknowledge the right of adults aged 21 and over to freely choose to buy and use a legal product.”
“The fact is if there is a legal product out on the market and people want to buy it, banning it – especially when you’re surrounded by other jurisdictions that sell it – creates a black market,” Flynn added. “It just will. It always does.”
A similar bill was passed by City Council in 2021, but then-Mayor Michael Hancock vetoed the measure.