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Denver, CO – [Concluded – Passed] Stop a Flavor Ban!
12/10/21 – Mayor Hancock has vetoed the flavor ban ordinance. A veto override vote is expected to be taken at the next council meeting on Monday, Dec. 13, 2021.[12/06/21 – Update] – Council voted to pass the flavor ban ordinance. Denver residents are encouraged to make contact with Mayor Hancock and urge him to Veto this bill.
12/06/21 – Final Vote expected by full council.[11/29/21 Update] – Council voted 12-1 in favor of advancing the flavor ban ordinance to a final vote.
11/29/21 – CASAA is learning that the flavor ban ordinance is being added to the agenda for Monday’s (11/29) City Council meeting. It is unclear if this meeting will include a public hearing.[11/18/21 Update] – The Safety Committee voted unanimously to move the flavor ban ordinance to the full council for consideration. Video of the hearing is available here.
11/17/21 – Safety Committee Meeting, 10:00 AM. Public comment and action (vote) on the flavor ban ordinance.
10/27/21 – Possible Committee Vote. [Agendas and minutes]
10/06/21 – Meeting Scheduled (see agenda) – Safety and Housing, 10:30 AM [Vote postponed until the end of the month]
Keep contacting city council members and urge them to vote no on a motion to override the mayor’s veto.
Use the form provided here to send an email, and make sure to follow up with a phone call to the Mayor’s office, supporting his veto:
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On December 6, The Denver City Council approved the ordinance with 8 votes in favor.
On December 10, Mayor Hancock vetoed the flavor ban ordinance. It now goes back to the full council for a veto override vote, which needs 9 yes votes to pass.
- Urge Mayor Hancock to VETO the flavor ban ordinance, which would restrict your ability to use low-risk alternatives to smoking.
- Briefly, share your story about switching to vaping and what role that flavors play in helping you live smoke free.
- Note any health changes you’ve experienced.
- Briefly, discuss what losing access to a local supply of vapor products will mean for you (Will you shop out-of-state, in neighboring cities, or online? Will you make your own e-liquid at home or purchase products on an underground market?).
- Be brief, be kind, and say thank you 🙂
For those new to vaping or just generally unfamiliar with federal regulations, the premarket tobacco application (or PMTA) deadline was September 9, 2020. This application is required to keep or bring new tobacco/nicotine products on the market. It is estimated that 95% to 98% of vapor manufacturers will not be able to afford this process and will not be capable of filing on time.
But 98% is not 100% (as the antis are fond of saying).
The FDA has already approved some new tobacco products that are being sold in flavors other than tobacco (specifically mint, menthol, and wintergreen). In the weeks prior to the September deadline, the FDA accepted for review several applications for bottled e-liquid in flavors ranging from tobacco to cereal to fruit. Despite the rhetoric from certain members of congress and the incessant pro-drug war drum beat of tobacco prohibitionists, FDA is still capable of approving flavored smoke-free nicotine products for market. Moreover, FDA may even allow manufactures of these products to market them as safer than cigarettes, if they apply for a modified risk order.
Denver’s flavor ban would undermine any decision by FDA to allow low-risk flavored tobacco products on the market after having met the “appropriate for the protection of public health” standard. Even without involving the FDA, flavor bans are being enacted without thorough consideration of the negative consequences. Sales data from Massachusetts and New York and a published study on San Francisco suggest that many people who were vaping prior to the flavor bans simply returned to smoking. While a flavor ban may be an inconvenience for teens trying to get their hands on nicotine, it is actively harming parents who are trying to quit smoking.