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Denver Voters Overwhelmingly Uphold Flavored Tobacco Sales Ban

Enforcement by the city begins Jan. 1, 2026 under the voter-approved restrictions.

Phil Guerin, owner and founder of Myxed Up Creations, a store that sells vaping products, poses for a portrait in his shop at 5800 E. Colfax Ave. in Denver on Oct. 20, 2021. The Denver City Council is considering a ban on the sale of all flavored tobacco products, including vape juice. (Photo by Helen H. Richardson/The Denver Post)
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Overview

  • Referendum 310 passed with about 71.5% voting yes, which kept the existing prohibition in place.
  • The Denver Department of Public Health & Environment will issue fines and suspend retailer permits under escalating penalties once enforcement starts.
  • The ordinance covers flavored e-cigarettes and menthol cigarettes but exempts hookah tobacco, with an initial warning followed by a 30-day suspension for repeat violations.
  • Campaign filings show nearly $6.5 million raised for the fight, including roughly $5.8 million for supporters with nearly $5 million from Michael Bloomberg, versus about $646,000 for opponents.
  • Opponents argued the policy will hurt small retailers and shift sales to nearby cities or illicit markets, while public-health advocates framed it as protection for youth.