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Denver's health department outlines enforcement plan after flavored-tobacco ban wins
Summary
DDPHE told city council it began enforcing the flavored-tobacco ban on Jan. 1, 2026, described an updated fine schedule and retailer-education campaign, and said enforcement will rely on undercover buys, expanded look-back violation windows and community reports via 311.
Denver public-health officials updated the City Council Health & Safety Committee on implementation of the city's flavored-tobacco ban, explaining enforcement practices, penalties and education efforts following a successful ballot measure drive.
"Flavored tobacco products are a major driver of youth initiation," said Terry Montoya, tobacco program manager at the Denver Department of Public Health & Environment (DDPHE), summarizing the department's public-health rationale. Montoya and compliance staff said the ban targets menthol and other flavors because evidence and state surveys show flavors contribute to youth uptake and addiction.
Enforcement and penalties: Brandon Gentry, tobacco program supervisor, described enforcement actions that combine undercover compliance buys and retailer inspections. "Our goal is to visit everybody 2 to 4 times a year with an undercover visit," Gentry said, noting the city tracks roughly 576 retail tobacco-licensees and is building a compliance dashboard. DDPHE said an updated fine schedule (revised April 2025) treats self-service displays and "loosies" as critical violations; when an inspection produces a sale to a youth as part of the test, that can generate multiple violation tiers leading to fines and a 30-day license suspension under the current schedule.
Look-back and tracking: Montoya explained the ordinance includes a look-back window for violation history that expands over time: 12 months currently, increasing to 24 months in 2027 and 36 months in 2028, which staff said strengthens accountability as repeat infractions move retailers farther through the fine schedule.
Retail outreach and timing: DDPHE said it has sent two email bulletins, direct mail packets, window clings and point-of-sale decals to licensed retailers, posted FAQs and plans compliance videos. Montoya told council the department had planned a softer enforcement rollout but a referendum petition (Proposition 310) changed the timeline and enforcement began Jan. 1, 2026. The department will produce an annual evaluation for council in June or July with compliance metrics and suggested next steps.
Concerns from council: Several council members raised examples of retailers selling to known customers "out the back" or through reward programs. Officials said they will increase public-facing inspections, rely on community complaints routed through 311 for investigations and follow up with license enforcement when sellers are operating outside code. "Report three-one-one," Gentry said, explaining that 311 creates official case records the department can investigate.
Vape waste pilot: DDPHE also described a pilot to collect confiscated vapes from five Denver high schools and safely process hazardous components. "They have multiple toxic waste streams and can actually explode and catch fire if piled up," said Daniel Naiman, tobacco program analyst, who oversees the pilot.
Next steps: DDPHE will continue retailer education, scale compliance work and report back with an annual evaluation this summer. The committee did not vote on any ordinance changes at the briefing.
