Enforcement of Denver’s flavored tobacco ban began on Jan. 1 and city officials said that while education efforts will continue, retailers can expect both public-facing and undercover investigations to ensure compliance.

The Denver Department of Public Health and Environment is responsible for enforcing the ban, which prohibits the sale of any flavored tobacco or nicotine product, including menthol, within the City and County of Denver.

Shortly after Denver Mayor Mike Johnston signed the ordinance into law in 2024,  the city announced it would begin “soft enforcement” of the measure, giving DDPHE time to help retailers come into compliance.

“Unfortunately, because the Prop 310 measure happened, we weren’t able to do that soft enforcement process with them that we were hoping to do,” said Teddy Montoya, the city’s tobacco program manager.  “So, we had to start with immediate enforcement on Jan. 1, 2026, the way the language is written, and how we developed our enforcement processes.”

However, DDPHE officials acknowledged the program faces challenges with some of the city’s estimated 600 retailers selling the prohibited products “out the back door.”

“We’ve been hearing similar stories,” Montoya told members of the Health and Safety Committee on Wednesday.

Montoya said that although there are plans for more public-facing inspections, it’s hard to pinpoint these instances without community feedback, and the best way to report suspected violations is through the city’s 3-1-1 system.

Regarding undercover visits, DDPHE officials said they aim to visit each retailer two to four times per year.

Fines for violations associated with the ban range from $1,000 for the first offense up to $5,000, and a one-year suspension of the retailer’s tobacco license for a fourth violation.

Local vape store owner Phil Guerin, who also serves as president of the Rocky Mountain Smoke-Free Alliance Board of Directors, said he supports undercover visits to prevent underage purchases but finds the city’s stepped-up enforcement efforts ironic.

“Essentially, they’re doing what we’ve been begging them to do in the first place,” Guerin told The Denver Gazette.

Guerin, who owns Myxed Up Creations on East Colfax, said that since the city’s ban took effect his overall business revenue is down by 50%

“They could have been doing this before and not banned flavors,” he said. 

When it comes to protecting children from tobacco products, Guerin said vape store owners and proponents of the ban have a lot in common.

“We both want to keep kids away from tobacco,” he said.

He said the city’s ban on flavored tobacco products will not work because most underage users get such products online, specifically from sellers on TikTok.

Supporters of the ban suggest the product’s sweet and candy-like flavors target youth, in particular, and serve as a gateway to further substance abuse.

City documents claim that the economic impact of flavored tobacco products in Colorado amounts to $2.2 billion in annual healthcare costs — $4.4 billion in smoking-caused productivity losses and $415 million in estimated Medicaid costs, which amounts to $772 per household tax burden.

In late December 2024, the Denver City Council voted 11 to 1 to outlaw the sale of flavored tobacco products within the city and county. 

The measure was challenged by a referendum and placed on the November 2025 ballot, when approximately 70% of voters approved keeping the ban in place.