Denver Lawsuit Targets Flavored Tobacco Ban
A trade group is suing Denver to block its ban on flavored tobacco and vape products, citing constitutional concerns and enforcement issues.Summary
The Rocky Mountain Smoke Free Alliance, representing 125 vaping retailers and manufacturers, has filed a lawsuit against the City of Denver to prevent the enforcement of Ordinance 24-1765, a ban on flavored tobacco and vape products approved by voters in November. The lawsuit argues the ordinance is unconstitutional due to vague language regarding terms like “cooling” or “numbing” sensations, making fair enforcement impossible. It also raises concerns about reliance on potentially misleading online reviews and third-party claims.
Furthermore, the alliance alleges violations of equal protection, pointing to the exemption of hookah tobacco despite similar flavoring and potentially greater health risks. The lawsuit also claims interference with interstate commerce and infringement on First Amendment rights related to commercial speech on product packaging.
The plaintiffs warn the ban could negatively impact Denver’s 575 tobacco retailers, reduce tax revenue by $13 million annually, and push consumers towards unregulated markets. City officials have not yet responded to the lawsuit, which was filed in Colorado’s 2nd Judicial District Court.
(Source：USA Herald)
