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Were flavored tobacco sales already banned? Here's why it was on the Denver ballot

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DENVER (KDVR) — Denver has voted to keep the ban on the sales of flavored tobacco products, ending a controversial decision that has been in the works for years.

The decision to ban the sales of flavored tobacco in Denver has lasted for years. In 2021, previous Denver Mayor Michael Hancock vetoed the measure passed by the Denver City Council to ban flavored nicotine sales. Then, in December 2024, the city council revisited the ban, ultimately voting 11 to one to ban the sale of flavored tobacco products.

The ban took effect in March. However, that wasn’t the end of it.

While the ban was in effect in March, the city said it wouldn’t be enforced until the start of 2026 — and in the meantime, store owners have been working to remove the ban. Denver store owners submitted a petition to remove the sales of flavored tobacco. FOX31 previously reported that vape store owners and manufacturers believe city council members rushed the ban, and wanted voters to weigh in on the ban.

Just under 9,500 signatures were required to get a question on Denver’s November ballot, and in March, vape shop owners and manufacturers in Smoke-Free Alliance Colorado turned in more than 17,000 petition signatures to put the question on the ballot.

Store owners have said small businesses rely on flavored tobacco sales, and it could push more than 100 small businesses to close. Meanwhile, advocates have said this ban would protect children and said flavored products were designed to appeal to children.

Whether or not Denver should keep the ban on flavored tobacco sales was up to the voters. On Tuesday, Nov. 4, votes came in, and Denver’s Referendum 310 on keeping the city’s ban on sales of flavored tobacco products passed with 71.5% “yes” votes.

The city of Denver said that enforcement will still begin on Jan. 1, 2026, and at that time, the Denver Department of Public Health & Environment will be issuing fines and suspensions to retailers found selling flavored tobacco products.

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