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Signature counting underway for repeal of Denver’s flavored nicotine ban

DENVER — A proposed ballot measure aimed at reversing a ban on flavored nicotine products in Denver is making its way through the initiative process, with signatures currently being counted.

A petition to refer ordinance 24-1765 to Denver voters was initially approved for circulation on January 17. Supporter had until March 19 to turn in 9,400 valid signatures from registered voters who live in the City and County of Denver.

Mikayla Ortega, the Marketing and Communications Manager for the Denver Clerk and Recorder’s Office, confirmed that on March 17, proponents turned in 416 petition packets, which could contain up to 20,800 signatures.

Denverite reported that more than 17,000 signatures were turned in.

The clerk’s office has until April 12 to verify the signatures. Ortega said the office will post on the city’s social media page if enough valid signatures were collected.  The repeal would appear on the November, 2025 ballot.

The petition is in response to an ordinance passed in December of last year banning sale of everything from flavored vaping pens, cigarettes and cigars to chewing tobacco and pouches. It left all other forms of cigarettes and chewing tobacco alone. Additionally, flavored hookah was not included in the ban.

Opponents argued that the ban would not stop Denver residents from using the products, adding they would only buy from adjoining cities and counties while negatively impacting more than 500 retailers in Denver.

“A ban will not stop people from buying these products,” Phil Guerin, a vape shop owner whose name appears on the petition told Denverite.  “It will just send them to Lakewood, Glendale, Aurora, and neighboring communities – leaving Denver family-owned businesses and the city’s economy to suffer.”

Complete Colorado attempted to contact former Democrat State Representative and now Colorado vaping industry lobbyist Joe Miklosi for comment, but had not heard back by press time.

Denver is set to lose about $13 million a year in tax revenue from the ban, according to testimony given during the council debate last year. In a poll last year asking Denver residents what issues in the city were of most importance, not one person asked of nearly 500 said flavored nicotine was an issue.

The federal government may have given repeal advocates a big boost.  Shortly after the flavor ban was voted into place, the Food and Drug Administration okayed the marketing of Zyn nicotine pouches, which the FDA calls “beneficial” as an alternative to tobacco products.

Zyn includes several flavored options, which are now illegal in Denver under the ban, including cinnamon, citrus, coffee, cool mint and menthol.

According to the Denver Elections Website, only one campaign committee has formed to date. Citizen Power, which supports overturning the ban. The group has raised nearly $175,000, with the top contributors reported as Rocky Mountain Smoke Free Alliance donating more than $90,000 and Phillip Morris donating $75,000.

Complete Colorado will continue to follow the petition process.

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