E-cigarette ban on flights being challenged in lawsuit

The Hill reports on CEI's lawsuit against the Department of Transportation's rule banning electronic cigarettes on aircraft. 

A Department of Transportation (DOT) rule banning the use of electronic cigarettes on flights is being challenged in a lawsuit that was filed this week.

The Competitive Enterprise Institute and the Consumer Advocates for Smoke-free Alternatives Association are suing the department over the regulation, which was issued in March and recently went into effect.

At the core of the groups’ argument is that although DOT has the authority to prohibit smoking on planes, it does not have the right to ban e-cigarettes because the devices do not actually emit smoke.

“Congress never gave regulators the power to prohibit e-cigarette use aboard aircraft,” said Marc Scribner, a fellow at CEI. “The Department of Transportation is inventing authority it clearly does not have. Anyone concerned about government overreach should be worried by this abuse of power.”

Read the full article at The Hill.