Denver began enforcing its ban on flavored nicotine and tobacco products as of January 1, following voter approval of Referendum 310 in the November election with nearly 72% support. The measure, originally passed by the Denver City Council in 2024, prohibits the sale of most flavored tobacco products, including flavored e-cigarettes, cigars, and pipe tobacco, while exempting hookah tobacco sold at licensed hookah retailers. Possession and use of flavored products remain legal.
About 575 tobacco retailers in Denver are affected. Enforcement is being led by the Denver Department of Public Health and Environment through routine and undercover inspections. Retailers found in violation face escalating penalties, starting with a minimum 30-day suspension after two violations within a year and extending to up to one year for repeated offenses. From 2027, the suspension thresholds will tighten further.
Vape and smoke shop operators say the ban is already having a major business impact. Some retailers report losing up to half of their revenue tied to flavored products and are exploring alternatives such as expanding non-flavored inventory, shifting operations outside Denver, or increasing online sales.
