CWPMA was joined at a press conference that was done with the support of our partners at RJR by many of our members including, Silco Oil, Amcon, 7-11/Speedway, Smoker Friendly and several small independent operators, We want to thank NATO for their ongoing support and efforts in supporting our members and the timely updates including the below that was written by Brian Fojtik. I especially want to thank Charley Jones and Jerry Nichols and their team for allowing us to use their station for our efforts.
This press conference resulted in the following new channels and outlets running these stories –
Opponents Of Plan TO Ban Flavored Tobacco In Denver Say It Would Hurt Businesses
CBS 4 Denver, Denver, CO
Nov. 29, 2021
KWGN (CW)- Daybreak at 7AM- Aired 4 times between Monday and
Nov. 30, 2021
KOA-AM (Radio)- Aired once
Nov. 30, 2021
KDVR – Fox 31 Denver News at 9:30PM- Aired 6 times between Monday and November 29, 2021
CBS Denver 4- Aired once
Nov. 29, 2021
Follow Up Story Featuring Store Owner Who Spoke at the Press Conference
Denver Moves Ahead With Plan To Ban Majority Of Flavored Tobacco Products, Businesses Worry
Based on our efforts and the significant resources and time being invested by our manufacturing partners including RJR, Altria, and others we are getting closer to defeating the flavor ban more and more council members are being convinced that this is a bad policy especially in light of Federal and potential state action. In the coming days we are going to be sending out an alert to immediately contact the Mayor’s office to ask for his support in vetoing the legislation.
The one amendment that did pass was an extension of the implementation date to July of 2023. CWPMA is focusing almost all of our efforts right now on defending our members ability to sell FDA authorized products to adult customers.
Please stay tuned – we are making significant progress and our efforts here are slowing down state action.
Date: November 29, 2021
City/State: Denver, CO
Kind of Ordinance Restrictions: Ban on the sale of all flavored tobacco/nicotine products with exemptions for hookah and premium cigars.
Kind of Meeting: Denver City Council meeting on November 29, 2021.
Outcome of Meeting: The Council voted in favor of publishing the ordinance as amended this evening. The approved amendment extends the effective date from July 1, 2022 to July 1, 2023.
Future Action: Second (and final) reading is expected to be scheduled for Monday, December 6, 2021.
Summary of Local Government Official Comments/Actions:
The ordinance was read on first reading and then scheduled for a “courtesy hearing” this evening.
The room was full and an estimated 80 percent or more of the attendees were opposed to the ordinance. The hearing followed a press conference held earlier in the day at a local gas station that was covered by three television networks and at which I participated on behalf of NATO, Grier Bailey on behalf the Colorado/Wyoming Petroleum Marketers, Mary Szarmach from Smoker Friendly and two other local retailers.
There was no repeat of the presentation of the ordinance by Council Member Amanda Sawyer. The hearing was limited to 30 minutes and operated on a first come, first serve basis between supporters and opponents based on time of registration. Before testimony commenced, three amendments were offered by Council Members Flynn, Black and Kashmann. The amendments would 1) Exempt menthol products; 2) exempt locations that restricted access to those 21 and over; and 3) moved the effective date back one year to July 1, 2023.
Nine persons testified against the ordinance including me on behalf of NATO, Grier Bailey on behalf the CO/WY Petroleum Marketers and Convenience Store Association, Mary Szarmach on behalf of Smoker Friendly, Drug Policy and Social Justice activist Art Way, Joe Miklosi on behalf of the Rocky Mountain Smoke Free Alliance, local activists and vape shop owners.
Four persons testified in favor and included a representative of Denver Public Schools, Kaiser Permanente Pediatrics, the Colorado Black Health Cooperative and a Colorado children’s organization.
Then the Council moved consideration of each of the amendments. The first amendment to exempt menthol products (Council Member Flynn) was defeated on an 8-5 vote. However, it is very important to remember that should this ordinance reach the desk of Mayor Michael Hancock and he decide to veto the ordinance, he would need 5 votes to uphold any veto. The five that voted in favor of the menthol amendment were the five we hoped for and included Council President Gilmore and Council Members Black, Herndon, Flynn and Clark. Each of them indicated serious issues with the ordinance and a desire to limit the scope and avoid unintended consequences of prohibition. They also questioned whether a ban would effectively reduce youth access or use at all.