Vaping Ban Upheld By Federal Court

The Fix discusses the Department of Transportation e-cigarette ban with Sam Kazman.

A federal court has stamped out a challenge to the Department of Transportation’s ban on e-cigarettes on commercial flights. E-cigarettes were added to the list of banned tobacco products last year in order to protect passengers from a vaper’s secondhand mists on all commercial U.S. flights as well as international flights to and from the U.S.

E-cigarettes or similar vaping devices use electric heating elements to vaporize a specialized liquid, typically containing nicotine, to allow users to experience the act of smoking without all the downsides that come with inhaling smoke. This would, in theory, allow a person with nicotine cravings to reduce the harm they commit to themselves and others with carcinogenic smoke.

The DoT ban was challenged by the Competitive Enterprise Institute, the Consumer Advocates for Smoke-Free Alternatives and an e-cigarette user. They are mulling over whether to appeal the ruling.

“Today’s court ruling creates a dangerous new rule for interpreting the law,” said Sam Kazman, general counsel for the Competitive Enterprise Institute. “It allows the commonly-understood language of Congress’s 30-year-old no-smoking statute to be stretched in a ban on e-cigarettes—even though e-cigarettes involve no combustion and produce no smoke.”

Kazman’s team argues that “any risks to airline passengers are totally undemonstrated.”

Read the full artile at The Fix.