Denver Vape Ban Lawsuit: Shop Owners Sue Over "Unconstitutional" Rules

The battle over Denver’s flavored tobacco ban has escalated to the courtroom, with local vape shop owners suing the City and County of Denver to halt enforcement. The Rocky Mountain Smoke Free Alliance filed a complaint in Denver District Court, arguing the ordinance is “unconstitutionally vague” and discriminatory. The lawsuit follows the ban’s implementation on January 1, which prohibits the sale of all flavored tobacco and nicotine products, including menthol, while notably exempting hookah lounges.

Key Takeaways

The Lawsuit: Vape shop owners argue the ban violates equal protection and due process by exempting hookah tobacco while targeting vapes.
Economic Hit: Plaintiff Philip Guerin reports a 60% revenue drop at his business since the ban took effect.
The “Hookah Loophole”: The suit claims the city picks “winners and losers” by sparing hookah lounges despite their health risks.
Voter Mandate: 70% of Denver voters approved the ban in November 2025, backed by over $5 million in funding from Michael Bloomberg.

The Legal Argument: “Winners and Losers”

Examining the complaint filed by Brownstein Hyatt Farber Schreck reveals a strategic focus on constitutional inconsistencies. The plaintiffs are not seeking monetary damages but a judicial declaration to strike down the law. Their core argument rests on the “Hookah Loophole.” Attorney Joshua A. Weiss argues that the city has arbitrarily banned lower-risk vaping alternatives while protecting hookah tobacco, which is also flavored and widely used.

Furthermore, the lawsuit attacks the ordinance’s definitions. Shop owners contend that terms like “cooling” or “numbing” are subjective, forcing businesses to guess which products are illegal based on packaging rather than chemical content. They argue this chills protected commercial speech by tying legality to marketing rather than the product itself.

Read more: As Denver’s Flavored Tobacco Ban Takes Effect, Retailers Face Fines

Economic Fallout vs. Public Health Costs

Tracking the immediate economic metrics shows a sharp decline for local retailers. Philip Guerin, president of the Alliance and owner of Myxed Up Creations, told The Denver Gazette his revenue has plummeted by 60%. The Alliance warns that small businesses are closing, employees are losing jobs, and the city is forfeiting an estimated $13 million in tax revenue.

Conversely, the city justifies the ban with staggering public health data. City documents claim flavored tobacco costs Colorado $2.2 billion annually in healthcare and $4.4 billion in lost productivity. The total tax burden is estimated at $772 per household. Jodi Radke of the Campaign for Tobacco-Free Kids dismissed the lawsuit as a profit-driven attempt to continue “addicting kids,” citing the overwhelming voter support for the measure.

Comparison Matrix: The Conflicting Views

The lawsuit highlights a deep divide between business survival and public health mandates.

Issue	Vape Shop Owners (Plaintiffs)	City of Denver / Advocates
Fairness	Unfairly exempts hookah; picks “winners and losers.”	Necessary to stop youth addiction gateway.
Vagueness	“Cooling” and “numbing” terms are subjective.	Enforcement targets marketing targeting kids.
Economic Impact	60% revenue loss; job cuts.	$2.2 billion in healthcare costs saved.
Public Will	Voters were misled; protects “harmful” cigarettes.	70% voter approval in Nov 2025.

The Bloomberg Factor

A significant element in this battle is the influence of external funding. Former NYC Mayor Michael Bloomberg contributed over $5 million to the “Denver Kids vs Big Tobacco” campaign, ensuring the ban survived a ballot challenge. This massive financial injection underscores the national significance of Denver’s policy as a potential blueprint for other cities.

Will the lawsuit stop the ban?

Unlikely in the short term. Courts have repeatedly upheld similar local bans (e.g., California). However, the “vagueness” argument regarding packaging descriptions could force the city to clarify its enforcement guidelines.

News source: Vape shops challenge Denver’s flavored tobacco ban in court

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Matthew Ma

Marketing at Ecigator

With over a decade of experience in the e-cigarette industry, Matthew Ma is a seasoned expert in both the manufacturing and usage aspects of vaping products. His extensive background has provided him with a deep understanding of the intricacies and evolving dynamics of e-cigarettes.