Banning Flavored Tobacco Won’t Make It Disappear

Late last year, Denver became the latest Colorado city to pass a ban on flavored tobacco products; it’s slated to take effect on January 1, 2026.

But before then, the electorate will get its say on this issue. Even before Mayor Mike Johnston signed the Denver City Council-approved proposal, a coalition of smoke and vape shop owners was putting together a campaign to overturn the ban, gathering more than 17,000 signatures to successfully put a repeal in front of voters this November.

Will it pass? Readers aren’t blowing smoke in their comments on the Westword Facebook page post of the story. Says Dan:

Good. It’s poison.

Counters John: 

Banning something doesn’t make it disappear.

Adds Dan:

Funny how no one is concerned with ‘flavored’ alcohol….

Suggests Bethany:

This is a waste of legislative power. Adults should have a choice.

Notes Tanner:

 As much as I think it’s nice to have, the responsible decision is to remove the fancy vapes and pouches that make it glamorous to use.

Wonders James:

Why are we reliving Prohibition again? Didn’t we learn this lesson before on a wider scale?

Offers Josh: 

It’s too easy to get things on ballots. This shouldn’t even be up for vote. Just mind your own business.

Adds Jeff: 

Big brother knows best, everyone.

And then there’s this from Sam Dashiell, manager of the U.S. Press Office, Philip Morris International U.S.

I saw your article and am reaching out to ask you include these clarifying points as many claims carried in the article are misleading or flat-out wrong.

“According to supporters of the ban, these products are marketed to young people and minority communities.”

Please include to clarify this broad allegation that PMI and its affiliates have always been clear: No one under the legal-age of purchase should use or have access to tobacco or nicotine products and our responsible marketing practices are designed with this in mind. Swedish Match, the manufacturer of ZYN, does not pay social media influencers in the U.S. to endorse its products, or use people under the age of 35 in marketing materials. The company also employs independent age-verification systems like DoubleVerify to help prevent access to direct digital advertising to those under 21. FDA concluded in January 2025 that “As part of its evaluation, the FDA reviewed data regarding youth risk and found that youth use of nicotine pouches remains low despite growing sales in recent years.”

“Supporters told councilmembers in a public hearing that flavored tobacco products like nicotine vapes target children with their marketing, and argued against the idea that vapes and oral nicotine pouches are smoking cessation products.”

Please also clarify that ZYN is not intended as, nor marketed as, a cessation product. ZYN is a better alternative for legal-age nicotine consumers who wish to continue using nicotine products. Cessation aids are a specific class of therapeutic products meant to help completely stop nicotine use. Examples of cessation aids include nicotine gums, patches, and lozenges. Additionally, cessation products are submitted through a completely different pathway and reviewed by a completely different center.

“”Flavored tobacco products are designed to entice and hook young children by using flavors that seem harmless, and mask the true dangers of addiction,” Marquez said at the time. In a phone call with Westword over eight months later, Marquez pointed to flavors and packaging of flavored nicotine products, which are often bright with flavors modeled after fruit and candy, and claims the manufacturers have targeted Latino neighborhoods. “Kids see them every single day in corner stores,” he says.

In addition to the first three points I raised above, please note that ZYN comes in a variety of adult-oriented flavors and strengths (3mg and 6mg). Per the FDA’s conclusion, “Moreover, the new products include flavors that are common to the flavor varieties of smokeless tobacco products, as well as of nicotine gum products authorized as nicotine replacement therapy (NRT), supporting the evidence that this feature is important to consumer acceptability. As TPL, I consider the implication of these data to be that the availability of the new products with these characterizing flavors contributes to the overall likelihood that users of more harmful products like cigarettes and moist snuff may be interested in trying the products and continuing to use them in order to switch completely to the new products.”

Additionally, data shows that flavor bans don’t work and often have unintended consequences. 

What do you think of the upcoming Denver vote on flavored tobacco? Post a comment or share your thoughts at editorial@westword.com.