Denver’s proposed ban against the sale of flavored tobacco products was officially shut down Monday after the City Council narrowly failed to override the mayor’s veto of the ban.

Council members voted 8-4 in support of the ban on Monday with one council member absent; however, they needed nine votes to override Mayor Michael Hancock’s veto of the ban. This comes after the council voted to establish the ban last week.

The ban would have applied to the sale of flavored tobacco products in all establishments in Denver, with exemptions for Hookah, natural cigars, pipe tobacco and harm-reduction tools. That means flavored menthol cigarettes, chewing tobacco and vaping products would not be sold beginning in 2023.

“I believe that we can tackle this issue with the scalpel that it deserves and protect our kids in a more meaningful way,” said Councilman Jolon Clark, who voted against the ban. “I really believe that if we can get the enforcement and the fines and taking away licenses there, then we can create a pathway for 21+ tobacco stores.”

The ban was first proposed by council members in early October in an attempt to reduce youth tobacco use, particularly with vaping. In 2020, roughly 1 in 5 high school students and 1 in 20 middle school students used e-cigarettes, according to the Centers for Disease Control and Prevention.

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Clark and other opponents of the ban argued the city would be better off addressing youth tobacco use by cracking down on the licenses and regulations of tobacco retailers. However, supporters said the ban would have acted as a deterrent for local youth, while also giving adult tobacco users a push to quit.

“Understanding that we have other work to be done to keep kids from getting hooked on tobacco, I think this bill will do more to lead us in the right direction than if we turn it away,” said Councilman Paul Kashmann, who voted in support of the ban Monday.

The council initially passed the ban in an 8-3 vote with two council members absent. Days after the ban passed the council, Hancock vetoed the ban on Friday, calling it well-intentioned but flawed.

Hancock argued that the ban would not be effective in preventing youth tobacco use because users could continue to buy flavored tobacco products in neighboring cities. In addition, he said it would have too negative an impact on local businesses, pushing them to shut down or relocate.

“I share with the sponsors of this ordinance the desire and goal to reduce youth nicotine use in our city,” Hancock said. “However well intentioned, this ordinance falls short. We can work on this in a more collaborative way and we can also move to enhance our existing regulatory framework, in addition to pursuing a broader strategy by acting state-wide or at least regionally.”

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This is only the second time Hancock has used his veto authority in the 10 years he has served as mayor. Hancock’s first veto came in February 2020 against a bill to end Denver’s former pit bull ban. The council failed to override the veto in an 8-5 vote, though a city ballot measure later ended the pit bull ban in November 2020.

With Hancock’s latest veto upheld, the flavored tobacco ban is essentially dead; however, the conversation surrounding youth tobacco use in Denver is just beginning.

Hancock and multiple council member said they will continue to look into other strategies, including additional licensing requirements for tobacco retailers, expanded fine schedules, increased enforcement of existing regulations and statewide bans of flavored tobacco products.

“Imperfect action is always better than perfect inaction,” said Councilwoman Amanda Sawyer, co-sponsor of the proposed ban. “We agree with the mayor’s office that this should be done on a state level. … We’re committed to continuing these discussions.”