Ban on Retail Sale of Flavored Tobacco Products FAQ

No, the language of the bill was constructed by city council members and was signed into law by Mayor Mike Johnston on Dec. 18, 2024. DDPHE cannot negotiate any aspect of the law with a retailer.

A tobacco product is any product containing tobacco or nicotine or that is made or derived from tobacco that may be used to introduce tobacco or nicotine into the human body, including but not limited to, cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, dissolvable tobacco products, and nicotine-enhanced product. Any electronic device that may be used to deliver nicotine to the person inhaling from the device, including any solution, compound, or other substance containing nicotine to be used with the device. Any other preparation of tobacco and any product or formulation of matter containing nicotine that may be used to introduce nicotine into the human body.

For further clarification, please refer to Chapter 24 – Sale of Tobacco Products.

Flavored tobacco product means any tobacco product that imparts a cooling sensation, numbing sensation, taste, or smell, other than the taste or smell of tobacco, that is distinguishable by an ordinary consumer either prior to or during the consumption of a tobacco product, including but not limited to any taste or smell relating to fruit, menthol, mint, wintergreen, chocolate, cocoa, vanilla, honey, or any candy, dessert, alcoholic beverage, herb, or spice.

If a product meets the definition of a tobacco product and a flavored tobacco product, the product would not be allowed to be sold in stores and would result in enforcement action by DDPHE starting January 1, 2026.

Enforcement will begin Jan. 1, 2026. As of this date, DDPHE will begin issuing fines and suspensions to retailers found selling flavored tobacco products.

Prior to Jan 1, 2026, DDPHE will focus on educating retailers about the ordinance. No fines or suspensions will be imposed as a result of a flavored tobacco product.

Enforcement surrounding all other tobacco laws are still in effect.

DDPHE is responsible for enforcing the flavored tobacco ban. Starting January 1,2026, enforcement will be integrated into existing DDPHE Tobacco Program activities, such as:

• Routine Inspections: DDPHE conducts regular inspections of tobacco retailers to ensure compliance with tobacco laws, including those related to sales to minors and signage requirements. These inspections will include checks for the sale of flavored tobacco products.
• Undercover Operations: DDPHE utilizes undercover operations, including "Undercover Buy" inspections conducted by Local Tobacco Investigators and Youth Operatives, to identify and address violations.
  
  

DDPHE will implement the following measures to ensure consistent enforcement across all retailers:

• Clear guidelines: DDPHE will develop clear guidelines, including standard operating procedures, regarding the identification and enforcement of flavored tobacco product violations. 
• Investigator training: Investigators will receive comprehensive training on the new ordinance, including definitions of flavored tobacco products. Training will also cover the updated standard operating procedures, identification of prohibited products, and proper enforcement procedures.
• Retailer Education: Prior to full enforcement, DDPHE will actively educate retailers about the new law. 

A retail tobacco store shall be liable for the actions of their officers, agents, representatives, or employees regarding the sale, offer to sell, and furnishing of tobacco products on the premises.

This ordinance shall not apply to hookah tobacco. Hookah tobacco means shisha tobacco, maassel, narghile, and argileh intended to be smoked in a hookah waterpipe. All other flavored tobacco products will be subject to regulation.

No, the ordinance applies to retail stores that sell directly to consumers. For further clarification, please refer to Chapter 24 – Sale of Tobacco Products.

The ordinance did not include language regarding retailer reimbursement for previously purchased products or future revenue impacts, nor did it come with a budget allocation for these purposes.

No, the ordinance will move the self-service display section from one section of the city’s municipal code to another (Chapter 24-404 will move to Chapter 24-405). Additionally, there are no language changes to the self-service section. To determine if a business would be in compliance with the ordinance, it is recommended that businesses consult their own legal counsel as the city does not provide legal advice. For further clarification please refer to Chapter 24 - Access to Tobacco Products.

To support retailers during this transition, DDPHE will provide education and resources to build an understanding of the law’s requirements for retail tobacco store establishments and support compliance with the new regulations before enforcement begins. Note that the Tobacco Program currently educates retailers regarding all tobacco laws in Denver through annual processes and individual retailer outreach.

Please visit DDPHE’s Tobacco Program for more information or contact the Tobacco Program via email. As a note, the DDPHE Tobacco Program cannot provide legal advice.