Dear Denver Vape Store Owner,
Earlier today, you may have received the email below from the Denver Department of Public Health and Environment (DPHE).
Please know that the Rocky Mountain Smoke Free Alliance (RMSFA) attorney, Trey Rodgers from Recht Kornfeld, is contacting Denver attorneys that this letter is premature, unacceptable, and needs to be retracted. The DPHE staff are obviously not aware of the fact that we submitted 17,000 Denver voter signatures to the Denver Clerk and Recorder to begin the process to overturn the unjust flavor ban.
We understand that the Denver Clerk and Recorder needs 25 days to review the 17,000 signatures but we are confident that the signatures will be approved and that Denver will schedule an election for November, 2025 to ask voters to overturn the ban. As a result, any DPHE enforcement needs to be delayed to January 1, 2026, per the Trey Rogers conversations with Denver attorneys. Trey Rogers is discussing the possibility of a soft, educational enforcement that DPHE wants to conduct on July 1, 2025. We will update you about this issue in a future email.
We will keep you updated about our efforts to communicate with attorneys from DPHE. Please contact us with questions. Thank you.
March 18, 2025
Dear retailers,
On Dec. 18, 2024, Mayor Mike Johnston signed Bill 24-1765 into law, prohibiting the sale of flavored tobacco products within the City and County of Denver. The new law takes effect today, March 18, 2025.
As of today, March 18, retailers are expected to remove flavored tobacco products from shelves to be in compliance with the law.
Combined with this ordinance, Denver’s tobacco fine schedule has been revised and updated. As part of the revision, fines for repeat violations have been increased. Additionally, the revised fine schedule provides greater clarity and consistency in enforcement.
The Denver Department of Public Health & Environment (DDPHE) is responsible for enforcement of Denver’s tobacco ordinance. Find more information on the changes to the fine schedule for tobacco violations on DDPHE’s website.
As a licensed tobacco retailer, it’s important you are aware of the following dates:
March 18, 2025: Retailers are expected to remove flavored tobacco products from shelves to be in compliance with the law.
April 1, 2025: The new fine schedule will go into effect. Revised fines will be applied to all tobacco-related violations, with the exception of violations related to the sale of flavored tobacco products.
July 1, 2025: DDPHE will begin soft enforcement of the flavored tobacco law. After this time, retailers found to be out of compliance with the law will receive a written warning.
Jan. 1, 2026: DDPHE will issue fines and license suspensions for retailers found selling flavored tobacco products.
To support retailers during this transition, DDPHE will provide in-person education and resources to build an understanding of the law's requirements for retail tobacco store establishments and help retailers comply with the new regulations. Additionally, you are encouraged to review the Frequently Asked Questions (FAQs) about the flavored tobacco ban. If you have questions or comments, email DDPHE’s Tobacco Team.
Thank you,
Denver Department of Public Health & Environment