Copyright The Denver Post
Denver voters will decide Tuesday whether to reverse a controversial ban passed by the City Council on sales of flavored tobacco inside city limits. The council in December banned the sale of most flavored tobacco and nicotine products, from flavored vapes to menthol cigarettes, in an 11-1 vote. But opponents of the ban gathered enough signatures to put the question to a citywide vote and placed Referendum 310 on the ballot. The retention question is worded so that “yes” is a vote to keep the ban and “no” is a vote to repeal it. This story will be updated after the Denver Elections Division begins posting voting results after polls close at 7 p.m. Proponents of the ban — which has not been enforced yet — said flavored nicotine products are marketed to young people and can lure them to nicotine addiction. Banning products like strawberry mango e-cigarettes and “rainbow candy”-flavored cartridges is a public health measure to protect the next generation, they said. The ban has faced opposition from local tobacco shops as well as the broader tobacco industry. Opponents said the ban would hurt small businesses in Denver, and would-be customers still would be able to buy flavored tobacco products in neighboring municipalities. Others said the ban would create a black market for the substances. The council ordinance made it illegal to “sell, offer for sale, give, barter, deliver or furnish” flavored tobacco products in Denver. That applied to e-cigarettes, tobacco vape pens and other products that provide “a cooling” or a “numbing sensation, taste or smell other than the taste or smell of tobacco.” That includes smells or tastes similar to fruits, mint, menthol, chocolates or other candies, desserts, herbs, spices or alcoholic drinks. The ban also applied to menthol cigarettes, but did not apply to hookah tobacco. Businesses that violate the ban would first get a warning and, if a second offense occurs, a 30-day ban on selling all tobacco products. Further violations would result in longer bans. If Referendum 310 passes, the city plans to begin enforcing the ban when the election is certified — likely the third week of November. The referendum has drawn nearly $6.5 million in campaign contributions — the vast majority in support of the ban. Through Monday, proponents of the ban reported raising $5.8 million, nearly $5 million of which came from billionaire Michael Bloomberg. Opponents have raised about $646,000, according to the city’s campaign finance dashboard.
