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Industry-Backed Opponents Outraise Pro-Ban Campaign as Denver Flavored Tobacco Ban Heads to Ballot

Ballot language makes a yes vote retain the law.

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Darren Blake, who works at Myxed Up Creations, uses a vaping product at the store in Denver on Wednesday, Oct. 20, 2021. The Denver City Council is considering a ban on all flavored tobacco products, including vape juice. The proposal is part of a years-long battle from groups fighting teen vaping. The ban would prohibit the sale of flavored vape juice in Denver, along with products that are chewed or smoked. Phil Guerin, owner and founder of Myxed Up Creations, says this ban would destroy his business on East Colfax. He's been in operation for 29 years. Guerin and other vape supporters argue that vaping is safer than cigarettes and they actually help people quit smoking. His Denver store employs 12 people.
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Overview

  • Through the end of August, Citizen Power! reported about $410,000 raised versus roughly $245,000 for the pro-ban group Denver Kids vs. Big Tobacco, according to campaign finance filings.
  • Major donors to Citizen Power! include the Rocky Mountain Smoke Free Alliance ($172,700), Philip Morris International ($75,000), Altria Client Services ($75,000) and Swisher International ($12,500).
  • Pro-ban funding includes contributions from the Tobacco-Free Kids Action Fund (about $115,000), Kaiser Permanente ($50,000) and Michael Bloomberg ($73,500).
  • Supporters cite youth health risks and U.S. Surgeon General guidance on nicotine, while opponents led by vape shop owners warn of harm to small businesses and point to an estimated $13 million in city tax revenue at stake.
  • Mail ballots go out Oct. 10 for the Nov. 4 vote on Referendum 310, which would leave the prohibition in effect if approved; enforcement is scheduled to begin in January unless voters repeal it.