Dear Colorado Store Owner and Ally,
Today is the Day.
Today is the day to fight for your store like never before.
On Monday, May 9th, the Senate Finance Committee will debate HB 1064, the statewide flavor vaping ban legislation.
We need your support!!!
We need at least 250 people to sign up to testify virtually (see link below) and to speak for two or three minutes. You MUST sign up before the start of the Senate Finance Committee begins or you will be prevented from testifying.
We also need at least 25 – 50 people in the room to create positive energy. The rest of the witnesses can testify virtually.
The Senate Finance Committee will meet “Upon Adjournment” today – on Monday, May 9th.
We are the last bill up in committee (out of nine bills) so most likely, HB 1064 debate will begin around 11:30am. We need the in-person witnesses to be at the Capital in Denver by 11:00am. HB 1064 will be heard on the 3rd floor in room 357.
Most likely, the Chairwoman of the Senate Finance committee will invite witnesses to testify in the following order: Supporters, opponents, and then a few supporters. We will know the exact witness order on Monday.
Senate Finance committee members include five Senators:
Chairwoman and State Senator Julie Gonzales
Democrat from Denver
Julie.gonzales.senate@state.co.us
303-866-4862
Vice-Chair and State Senator Faith Winter
Democrat from Adams County
Faith.winter.senate@state.co.us
303-866-4863
State Senator Dennis Hisey
Republican from Clear Creek, El Paso, Fremont, Park, and Teller counties
Dennis.hisey.senate@state.co.us
303-866-4877
State Senator Pete Lee
Democrat from El Paso County
Pete.lee.senate@state.co.us
303-866-6364
State Senator Kevin Priola
Moderate Republican from Adams County and Sponsor of HB 1064
Kpriola@gmail.com
303-866-4855
To Sign Up to Testify Virtually:
https://www2.leg.state.co.us/CLICS/CLICS2022A/commsumm.nsf/signIn.xsp
Messaging: During your testimony, emphasize how HB 1064 will bankrupt your business, thousands of employees will be laid off, and adult consumers will be more likely to die by switching back to combustible cigarettes. Also emphasize that you want the Senate Finance Committee to add an Age Restricted Amendment so that only 200 stores (not 4,000 in Colorado) will be able to sell flavored vaping products to adult consumers. Mention that we want to be treated like marijuana shops.
Be passionate. Be strong. Be polite.
Also, Matt Moseley, our Communication’s consultant, is mobilizing social media to influence the Senate Finance Committee.
If you have extra time, continue to email and to call the following 10 Democratic State Senators to ask them to defeat HB 1064 and or at least add an Age Restricted Amendment.
Below is suggested messaging and talking points as well as the phone numbers and email addresses of the 10 State Senators. This is the final push! The Colorado General Assembly adjourns for the year on May 11, 2022.
Call or text Joe Miklosi with any questions at 303-919-4748
Onward!
List of Colorado Democratic State Senators
Senate President and Senator Steve Fenberg
stephen.fenberg.senate@state.co.us
303-866-4872
Senate Majority Leader Senator Dominick Moreno
dominick.moreno.senate@state.co.us
303-866-4857
Senate Pro-Tem and Senator Kerry Donovan
kerry.donovan.senate@state.co.us
303-866-4871
Senator Bob Rodriguez
robert.rodriguez.senate@state.co.us
303-866-4852
Senator James Coleman
james.coleman.senate@state.co.us
303-866-4864
Senator Janet Buckner
janet.buckner.senate@state.co.us
303-866-3432
Senator Chris Hansen
chris.hansen.senate@state.co.us
303-866-4861
Senator Jeff Bridges
jeff.bridges.senate@state.co.us
303-866-4846
Senator Rachel Zenzinger
senatorrachelz@gmail.com
303-866-4840
Messaging and Talking Points
Dear Senator Last Name,
Thank you for your service to the people of Colorado.
I work in one of the 200 small, mom & pop, independent, vaping stores in your legislative district and throughout Colorado. I do not represent JUUL nor do I sell JUUL products.
The small, independent vaping stores in Colorado are truly committed to both reducing youth vaping and empowering responsible adults to use flavored vaping products to quit smoking more harmful, deadly cigarettes and to stay alive.
We would like to discuss HB22-1064 and ask for a NO vote or at least the reinstatement of a forthcoming Age Restricted Amendment so that our small stores do not go out of business.
Approximately 96% of all annual sales from the small vaping stores are flavored vaping products to adults. If the State removes 96% of sales from any business, the business will cease to exist. Small vaping stores do not sell non-vaping products, such as soda or chips, like the approximate 4,000 convenience stores sell in Colorado.
During the last three years, my colleagues and I have met with 41 Colorado local government elected officials, Colorado state leaders, and federal regulators to craft public policy and data-driven vaping best policies to both reduce youth vaping while still allowing small responsible vaping store owners to serve adults.
Approximately 33 of the 41 Colorado local governments have implemented our policy best practices and have experienced youth vaping reductions. The eight Colorado local governments, such as Boulder and Glenwood Springs, that banned flavors, caused responsible small vaping store owners, such as Dan and Gina, to go out of business within 30 days. The State of New York also destroyed 700 small vaping stores when they instituted a statewide, flavor ban.
Below is detailed information and extensive data about the best public policies to both reduce youth vaping and still allow responsible adults to use flavored vaping products to quit smoking more harmful, deadly cigarettes.
The most effective public policies to reduce youth vaping include the following:
Only allowing age-restricted stores (21 and over) to sell flavored vaping products. An age restricted amendment would only allow approximately 150, small, independent vaping stores to sell flavored vaping products. Currently, approximately 4,000 licensed stores (mainly convenience stores) in Colorado are allowed to sell flavored vaping products.
Creating additional licensing fees to better regulate the stores allowed to sell flavored vaping products.
Increase the number of inspections for stores that sell flavored vaping products.
Create the stiffest fines in the country for stores that sell vaping products to a minor. For example, consider implementing a first offense fine of $5,000, a second offense fine of $10,000, and a third offense fine of a 30-day revocation license.
Marketing restrictions. Small independent vaping stores do not market so any additional marketing restrictions beyond HB20-1001 are welcome.
Requiring ID scanners and mandatory swipes at all age restricted stores to prevent youth vaping purchases.
Requiring track and trace products so any vaping product can be identified in the hands of any non-adult.
To summarize, small vaping stores should be treated similar to marijuana shops.
There are many differences between responsible small vaping stores and JUUL. For example, small vaping stores do not sell JUUL products. Small vaping stores sell 50% less nicotine than JUUL products. Small vaping store vaping products are four times more expensive and four times larger so they cannot be concealed. If you examine confiscated vaping products from any School Resource Officer, the products will be small, discrete, easy-to-conceal JUUL products. Not large, open-tank, vaping products sold in my stores. JUUL's actions have tarnished the approximate 150 responsible, small vaping stores in Colorado who empower adults to quit smoking more harmful cigarettes.
It is important to note that one, single cigarette contains 7,000 chemicals – at least 93 of which are proven carcinogens. A typical vaping device only contains approximately 12 major ingredients. Vaping products do not contain charcoal or tar – the two main ingredients that kill approximately 480,000 Americans annually. That is why 14, highly respected, domestic and international health care organizations have publicly commented about vaping being a safer alternative than smoking combustible cigarettes.
During the last four years, approximately 4% of stores in Colorado have been fined for selling to minors. These stores are predominantly convenience stores - not age restricted vaping stores.
Next, please consider the negative economic impact of a vaping flavor ban. Overall, the State of Colorado will annually lose between $75 - $100 million dollars of direct taxes and an additional $75 million dollars of annual indirect economic impact. Below is a list of economic contributions of a typical small vaping store:
Employs four to 10 full time employees.
Over 95% of store owners lease their space. Lease contributes to property taxes for the municipality.
Each small, independent vaping store conducts approximately 10,000 – 16,000 transactions annually.
Each small, independent store contributes between $50,000 to $80,000 in annual sales tax and pays approximately $80,000 in annual employer and employee payroll taxes. Small vaping stores also pay other employee taxes, such as FICA.
Next, it is important to note that youth vaping has reduced nearly 30% each year during the last three years according to the CDC and FDA National Youth Tobacco Survey (NYTS).
For example, in 2020, the National Youth Tobacco Survey reported that there were 2.8 million fewer American youth who used vaping products than in 2019.
The federal government, the State of Colorado, and dozens of Colorado municipalities have passed over 12 common sense laws and regulations (not flavor bans) to reduce youth vaping. The laws are working.
For example, voters of the State of Colorado increased taxes 62% to reduce youth vaping. The State of Colorado created a state licensing and enforcement system for stores to prevent minors from purchasing vaping products. The State of Colorado increased the number of inspections at stores. The State of Colorado raised the age to 21 to purchase vaping products at the federal and state level. The State of Colorado banned new retail vaping stores from existing within 500 feet of schools. The State of Colorado restricted advertising for vaping products. The federal government prohibited flavors in closed, discreet vaping devices.
Flavor bans do not work. Flavor bans make the problem worse. Please consider these negative impacts of a flavor ban:
Flavor bans shutdown responsible small businesses and allow JUUL to dominate the market with high nicotine products. My stores sell half the amount of nicotine as JUUL products. Flavor bans do not solve the youth vaping issue. The CDC & FDA National Youth Tobacco annual surveys conclude that curiosity, peer pressure, and high nicotine motivated youth use - not flavors.
Additionally, flavor bans will motivate consumers will travel across state boundaries to purchase flavored vaping products. An underground market will be created and products will not follow strict manufacturing standards. Consumers will return to more harmful cigarettes. Flavor bans disproportionately target historically disadvantaged populations (ACLU, Drug Policy Alliance).
A 2017 Yale University study concluded that “a ban on flavored e-cigarettes would drive smokers to combustible cigarettes, which have been found to be the more harmful way of getting nicotine.”
San Francisco approved a 2018 ban of the sale of flavored tobacco products — including menthol cigarettes and flavored vape liquids. According to a May, 2021 study from the Yale School of Public Health (YSPH), that law had the opposite effect. Analyses found that, after the ban’s implementation, high school students’ odds of smoking conventional cigarettes doubled in San Francisco’s school district relative to trends in districts without the ban, even when adjusting for individual demographics and other tobacco policies.
Finally, please keep in mind that when the 2009 Tobacco Control Act was signed into law by President Obama, the FDA only envisioned regulating five or six, international tobacco companies - not regulating thousands of independent, small, vaping stores. Small vaping stores were created in 2009 by thousands of adults who unsuccessfully tried quitting smoking from the nicotine patch, the nicotine gum, pharmaceutical drugs, and similar products.
For 6.5 million adults in the United States and for tens of thousands of adult Coloradans, flavored vaping products are the best option to quit smoking deadly cigarettes.
I look forward to visiting with you to add an Age Restricted Amendment to HB 1064, which is the most common sense, effective, vaping public policy that both reduces youth vaping and allows adults to use flavored vaping products to stay alive and to quit smoking cigarettes.
Please call me on my cell to ask any questions.
Thank you!
Your Name, Number, and Store Name
Joe Miklosi
Founder & CEO
Bridge Consulting, Public Benefit Corporation
Colorado Representative (2009 - 2013)
303-919-4748
"Bridging goals between the government, business, and nonprofit sectors around the globe.
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