A Colorado trade group representing vaping retailers and manufacturers has filed a lawsuit seeking to block Denver’s recently enacted ban on flavored tobacco and vape products, arguing the ordinance is unconstitutional and impossible to enforce fairly.
The Rocky Mountain Smoke Free Alliance, which represents about 125 small businesses across the state, asked a Colorado state court to issue a permanent injunction preventing the City of Denver and its Department of Public Health and Environment from enforcing Ordinance 24-1765. The measure, approved by voters in November and effective as of January 1, prohibits the sale of flavored tobacco products within city limits.
According to the lawsuit, the ordinance relies on vague and subjective language that fails to provide clear guidance to retailers. The group argues that terms such as “cooling” or “numbing” sensations lack objective definitions and vary widely depending on individual perception, making consistent enforcement impossible.
The complaint also raises concerns that city officials may rely on online customer reviews or third-party claims when determining whether a product violates the law. The alliance says this approach exposes businesses to misleading or false information that could result in unjust penalties.
Beyond vagueness, the lawsuit alleges the ordinance violates multiple constitutional protections. The trade group claims the ban breaches equal protection principles by exempting hookah tobacco, despite what it describes as similar flavoring characteristics and greater health risks. It also argues the law interferes with interstate commerce by forcing out-of-city retailers to alter product packaging specifically for Denver.
The alliance further contends the ban infringes on First Amendment rights, asserting that flavor descriptions and imagery on packaging constitute protected commercial speech.
The lawsuit warns that the ordinance could affect roughly 575 tobacco retailers in Denver, reduce annual tax revenue by an estimated $13 million, and drive consumers toward unregulated or illegal markets.
City officials and representatives for the public health department did not immediately respond to requests for comment. The case was filed in Colorado’s 2nd Judicial District Court and seeks both declaratory and injunctive relief.
