DOT ADOPTS FINAL RULE BANNING USE OF ELECTRONIC CIGARETTES ON COMMERCIAL FLIGHTS
April 7, 2016
On March 2, 2016, DOT adopted a final rule explicitly banning the use of electronic cigarettes (or E-cigarettes) on commercial flights, effective immediately. The final rule applies to all scheduled flights of U.S. and foreign carriers involving transportation in, to, and from the U.S., as well as to nonscheduled charter flights of U.S. and foreign carriers that have a flight attendant as a required crewmember. The announcement was made following initial confusion as to whether prior DOT rules that banned smoking of tobacco cigarettes on commercial flights also applied to electronic cigarettes.
The final rule clarifies DOT’s original rule by specifically defining the term “smoking” to include the use of E-cigarettes and similar products. DOT claims the ban is justified due to the potential harmful effects of chemical aerosol products contained in E-cigarettes, especially to more vulnerable populations.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com, 202-659-6622) or Drew Derco (dderco@eckertseamans.com, 202-659-6665).