Last Updated: 10/24/19
This city specific posting is part of an ongoing effort to provide updated information to consumers and businesses within the vaping industry regarding existing, upcoming, and potential bans of vaping products.
We will continue to work to keep the information as current and up to date as possible to answer questions you may have and help alleviate concerns and misinformation.
While we work to include as much relevant information as possible, we recommend going directly to the government website for your state to find additional information such as “Notices of Public Hearings”, “Voting Deadlines”, and updates on relevant legislation.
Here's what we know so far for Boulder, CO.
“According to City Attorney Tom Carr, the new ordinance specifically involves flavored nicotine. At Red Star Vapor, customers can buy the unflavored nicotine base-product separately from the flavoring and combine them at home.”
BAN ANNOUNCED ON FLAVORED VAPING PRODUCTS
On September 17, 2019, Mayor Suzanne Jones signed an ordinance that was officially adopted by the City Council of the City of Boulder, Colorado, to ban flavored tobacco products. According to a report:
"“The City of Boulder finalized a ban on flavored electronic cigarette products, increased the age to purchase nicotine and tobacco products within the city to 21 years old and decided to place a measure on the November ballot asking the community to increase the tax on remaining legal vaping products by 40 percent"
WHY WAS THE BAN ORDERED?
According to city officials:
"Vaping is a problem in Colorado in general and particularly in Boulder ... This ordinance is necessary to protect the public health, safety, and welfare of the residents of the city, and covers matters of local concern."
WHEN WILL THE BAN TAKE EFFECT?
This ordinance went into effect immediately.
HOW LONG WILL THE BAN BE IN EFFECT?
The Ban will be in effect for an indeterminate period of time, however retail shops will be able to sell menthol flavored products until Jan 1, 2020 provided they meet certain conditions:
"a Tobacco Retailer who does not permit anyone under the age of 21 from being present in or entering the premises may sell or offer for sale menthol-flavored Tobacco Products designed for or capable of being used in an Electronic Smoking Device."
WHAT DOES THE BAN MEAN TO RETAILERS?
Retailers are prohibited from selling, or offering for sale, flavored nicotine products. A loophole in the ordinance allows for the sale of unflavored nicotine products separately from flavoring products.
There is currently no information for required signage postings.
Civil penalties for violations of this chapter may be imposed by the city.
"Civil penalties for violations of this chapter may be imposed by the city against any person in an amount up to $5,000 per occurrence. If a business entity receives revenue as the result of any act prohibited by this title, there shall be a presumption that any penalty shall be imposed on the business entity and not personally against any employee of the business entity. Any person subjected to civil penalties shall be entitled to a hearing pursuant to Chapter 1-3, Quasi-Judicial Hearings, B.R.C. 1981, to contest such penalties. All such hearings shall be conducted by the Boulder Municipal Court as the hearing officer under a de novo standard of review."
As outlined by the Ordinance:
"No Tobacco Retailer shall sell any Tobacco Product to any person without first (1) requiring the person to produce government-issued identification including a photograph and a date of birth, or (2) for online sales verifying the purchaser's age and identity, by comparing information entered by any purchaser against at least two databases that do not include self-reported, social media or marketing data."
"No Tobacco Retailer or any agent or employee of any Tobacco Retailer shall sell, offer for sale or possess with the intent to sell or offer for sale any Flavored Tobacco Product designed for or capable of use in any Electronic Smoking Device. provided, however, that until January 1 , 2020, a Tobacco Retailer who does not permit anyone under the age of 21 from being present in or entering the premises may sell or offer for sale menthol-flavored Flavored Tobacco Products designed for or capable of being used in an Electronic Smoking Device."
Tobacco Product means.
• (1) any product which contains, is made or derived from tobacco or used to deliver nicotine, synthetic nicotine or other substances intended for human consumption, whether heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff, bidis, snus, nicotine product, mints or hand gels.
• (2) an Electronic Smoking Device.
• (3) Flavored Tobacco Products.
• (4) notwithstanding any provision of subsections (l), (2) and (3) above to the contrary, Tobacco Product includes any component, part, or accessory or associated Tobacco Paraphernalia of a Tobacco Product whether or not sold separately.
• (5) The term Tobacco Product does not include: (i) any product that contains marijuana; and (ii) any product made from or derived from tobacco and approved by the Food and Drug Administration (FDA) for use in connection with cessation of smoking.
The following information is the only reference to online sales in the ordinance:
"For online sales verifying the purchaser's age and identity, by comparing information entered by any purchaser against at least two databases that do not include self-reported, social media or marketing data."
WHAT DOES THE BAN MEAN TO CONSUMERS?
Consumers will no longer be able to purchase finished flavored nicotine products in the City of Boulder. A loophole in the ordinance allows for consumers to buy unflavored nicotine products and flavoring separately and combine them at home.
FREQUENTLY ASKED QUESTIONS
If I am an adult can I still vape?
How long will the ban be in effect?
The ban time frame is open ended at this point.
Can I still buy any vaping products?
Yes. You can but unflavored nicotine and separate flavors.
Can I still sell any vaping products?
Yes, retailers can still sell unflavored nicotine and separate flavors.
As the vaping industry tries to adapt to keep up with the changing laws and regulations, our goal at Liquid Barn is to help vapors and businesses in the vaping industry better understand the current landscape and options available to them. All information quoted in this document is provided directly from the City of Boulder website and is subject to change at any time. Please visit bouldercolorado.gov for more information.
ABOUT LIQUID BARN
Liquid Barn™ is a top-tier manufacturer, online retailer, and wholesale supplier of eLiquid compounds and accessories. We specialize in providing BASE, our FDA compliant unflavored vape juice consisting of only propylene glycol, vegetable glycerin, and optional nicotine. Giving vapors the control to add their choice of FDA compliant flavors and sweeteners as desired. As leaders in e‑cigarette technology and safety, we proudly source our ingredients from the most reputable sources available on the market, while continuing to adapt to consumer needs and FDA regulations.