DOT BANS E-CIGARETTES FROM CHECKED BAGGAGE

June 8, 2016

The DOT Pipeline and Hazardous Materials Safety Administration (PHMSA) on May 18, 2016 issued a final rule prohibiting passengers and crew members from carrying battery-powered portable electronic cigarettes (e-cigarettes) or similar electronic nicotine delivery systems in checked baggage, or from charging such devices and/or batteries for such devices on board aircraft. The prohibition against carrying e-cigarettes or similar devices in baggage follows similar recommendations made by the Federal Aviation Administration (FAA) in a Safety Alert issued to operators on January 22, 2015. Passengers may still carry e-cigarettes for personal use in carry-on baggage or on their person, but may not use them during flights. The final rule does not prohibit passengers from carrying other battery-driven devices for personal use (e.g., laptop computers, cell phones, cameras, etc.) in checked or carry-on luggage, nor does it restrict passengers from transporting batteries for personal use in carry-on baggage, although other limitations on the carriage of lithium ion batteries in checked and carry-on luggage imposed by both the International Civil Aviation Organization (ICAO) and the FAA still apply.

If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com, 202-659-6622) or Drew Derco (dderco@eckertseamans.com, 202-659-6665).

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