In January, a Colorado-based vaping trade group sued the City of Denver over its new-for-2026 law that banned the sales of most flavored tobacco and flavored vaping products. Yesterday, June 24, that lawsuit was dismissed.
Per The Denver Gazette, Judge Erica F.H. Englert, of the Denver District Court, agreed with the City of Denver that the plaintiff’s lawsuit should be thrown out because the vape groups failed to state a claim. It’s unclear whether the Rocky Mountain Smoke Free Alliance, the group that filed the lawsuit, will appeal.
As with many other bans on flavored vaping and nicotine products, the law’s history was not a straightforward one. In December 2024, Mayor Mike Johnson signed an ordinance to ban the sale of flavored tobacco products, except hookah tobacco, and flavored vaping products. At the time, the law was set to take effect in 90 days. Shortly thereafter, a citizens’ petition was started to put the already-signed ordinance on the ballot to let Denver voters decide whether it should actually become a law.
After gaining enough signatures, the measure was added to the November 2025 election, where more than 70 percent of the people who voted supported the law. However, the ballot measure meant the ban would wait until after the election. With the ballot measure completed, the law went into effect on Jan. 1, 2026.
Overall Score
Colorado
Denver (Colo.)
Denver County (Colo.)
Erica F.H. Englert
Flavored Cigars
Flavored Tobacco Products
Litigation
Referendum 310
Rocky Mountain Smoke Free Alliance
Rocky Mountain Smoke Free Alliance v. City of Denver
