A bill introduced by the Senate will allow Colorado counties to regulate or prohibit the sale and distribution of flavored cigarettes, tobacco and nicotine products.

Senate Bill 24-022 defines flavored nicotine and tobacco products as anything with a scent or flavor other than tobacco itself, including products that induce a cooling or numbing sensation. 

Citing the U.S. Centers for Disease Control and Prevention, Rep. Kyle Brown, D-Louisville, a sponsor of the legislation, said nearly 9 out of 10 adults who smoke every day first tried smoking “before they turned age 18.”

He said tobacco products are linked to negative health effects, including cancer, and that e-cigarettes and other vape products are “highly addictive and can harm adolescent brain development.”

Brown said that, in 2019, the legislature gave local governments the authority to regulate tobacco products, including e-cigarettes and vaping products, to protect young people and that since the passage of that law, HB19-1033, some counties have asked lawmakers to make it crystal clear that counties “can protect their kids.” 

“SB24-022 will ensure that counties can continue to pass laws that will protect kids from tobacco and vaping,” he said. 

Opponents of the bill say these restrictions and bans could be financially detrimental to a county’s economy. According to the Tax Foundation, flavored cigarettes and flavored non-tobacco nicotine products make up 20% and 70% of their respective market sales. 

The bill was also sponsored by Sen. Kyle Mullica, D- Thornton, and Rep. Elizabeth Velasco, D- New Castle.

A similar bill was introduced during the 2022 legislative session but died in the Senate. At the time, Gov. Jared Polis said he opposed the bill because he thought the matter should be handled at a local level.