A group of Denver vape shop owners filed a lawsuit on January 23 challenging the city’s flavored tobacco ban, which took effect on January 1 after being approved by voters in November, arguing the ordinance is unconstitutional, inconsistently enforced, and harmful to small businesses. Filed by the Rocky Mountain Smoke Free Alliance, the complaint asks a Denver court to halt enforcement and declare the sale of separate flavor additives legal, claiming the ban violates equal protection, due process, and commercial speech rights by prohibiting flavored vaping products while exempting hookah tobacco and allowing continued cigarette sales.
The plaintiffs say vague definitions tied to marketing and packaging create uncertainty for retailers and have already led to store closures, job losses, and an estimated $13 million decline in tax revenue, while city officials counter that the ban is aimed at reducing youth tobacco use and say enforcement will include education as well as public-facing and undercover compliance checks. Public health advocates maintain the law is legally sound and necessary, noting courts have repeatedly upheld similar flavored tobacco restrictions.
