Denver voters to decide fate of flavored tobacco ban November 2025

Among the items on the ballot this November for Denver voters is the fate of a citywide ban on flavored tobacco products.

Supporters of the ban call it a way to keep kids from getting access to products they say can lure them into addiction. But, right now, campaign finance records show opponents of the ban have raised more money than those pushing to keep it in place.

Phil Guerin, owner of Myxed Up Creations on East Colfax, is one of the most vocal opponents. He stresses he is not aligned with Big Tobacco but instead represents small businesses that rely on vape sales.

"This law is going to impact over 500 businesses that actually have nicotine licenses in the city," Guerin told CBS Colorado.

Guerin sells alternatives such as vapes and pouches, which he says help people move away from cigarettes. His coalition, "Citizen Power!" collected enough signatures to put Referendum 310 on the ballot. The measure asks voters whether to keep or overturn Denver's flavored tobacco ban.

"I'm really fighting for the rights of adults, and all adults, to have the choice to have a healthier alternative to smoking cigarettes," Guerin said.

Guerin estimates half of his sales come from vape products. Losing that revenue, he says, could ripple across Denver's budget.

"My biggest concern is losing $13 million out of the city budget, and that's the tax revenue these products bring," Guerin said. "We are $250 million in the hole. Well, I have the solution to find 6% of it immediately, and that's for the voters of Denver to vote no on this."

Denver City Council approved the ban in December, arguing flavored products are a key driver of youth addiction.

"The outcome will be better health for our communities, better health for our youth, less targeting of our youth and people of color with these poisonous products," council member Darrell Watson told CBS Colorado.

A coalition of doctors and public health leaders is now campaigning to keep the ban in place.

In a press release in support of the ban, Dr. Oswaldo Grenardo shared his support for the ban. The press release also cited information from the U.S. Surgeon General, which concluded that youth use of nicotine in any form, including e-cigarettes, is unsafe.

"Nicotine is highly addictive and can harm adolescent brain development, particularly the parts of the brain responsible for attention, memory and learning," Grenardo said in the press release. 

Those opposed to the ban argue that officials should uphold the existing age limit on the purchase of flavored tobacco products.

Mail ballots will be sent to Denver voters beginning Oct. 10. A "yes" vote keeps the ban in place. A "no" vote repeals it.