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Court Affirms DOT Rule Banning E-Cigarette Use During Flight

August 4, 2017 at 2:39 pm

Last week in the case Competitive Enterprise Institute v. DOT, the District of Columbia Court of Appeals affirmed the Department of Transportation regulation that banned the use of e-cigarettes during commercial passenger flights.  By a vote of 2-1, the court affirmed that the Department of Transportation appropriately used its regulatory powers to ban e-cigarette use during flight.  In its decision, the court noted DOT provided ample scientific evidence documenting the potential adverse health effects of exposure to second hand e-cigarette vapor.

The ATS submitted comments to DOT during the rule making phase recommending DOT ban the use of e-cigarettes during flight.


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