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Repeal of Denver’s flavored nicotine products ban qualifies for ballot

DENVER — A proposed ballot measure aimed at reversing a ban on flavored nicotine products in Denver has been certified to be put in front of voters sometime this year, according to a post to the Denver Elections Facebook page on Friday

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

According to the Facebook post, 17,417 signatures were submitted, of which 10,961 were deemed to be valid.

“We have also notified City Council of the referendum petition’s sufficiency and are awaiting City Council’s determination whether to hold a special election for this referendum prior to the next scheduled citywide election,” continues the post.

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.

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.

The federal government may have recently given repeal advocates a big boost towards unwinding the ban.  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 story though to the election.

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