If you’ve flown to or from the US recently, you will know you cannot legally vape on an airplane. This is due to a recently-added regulation that prohibits anyone using electronic cigarettes on any US-bound or departing airplane. Furthermore, you cannot even have any in your luggage, even if it’s not in your hand luggage.
Now a group of lawyers has initiated a lawsuit against the Department of Transportation in America. They believe the DOT does not have the power to issue a ban of this kind. They are also quick to stress they are not challenging the use or ban of vaping products on planes.
What’s the difference?
Julie Woessner, the executive director for CASAA – the Consumer Advocates for Smoke-Free Alternatives Association – points out that cigarettes are rightly banned because they have to be lit. Electronic cigarettes do not. Since there is no combustible element involved, she believes the DOT does not have the right or the legal position to initiate such a ban.
Should vaping be banned on an airplane?
This suit is not about whether vaping should be allowed or not. It’s clear that a group of lawyers has looked at the ruling and decided the DOT doesn’t possess the power needed to uphold the ruling.
It would appear many advocates for vaping would like it to be allowed on airplanes. It might also be fair to say those who do not like vaping wouldn’t want it to be allowed. While there is little to suggest vaping is harmful to those around the vaper in the same way smoking is, vaping may not be appealing to those who have to share the space around the person vaping. Remember, a plane is a sealed unit, and if vaping was allowed, there could be quite a few clouds of vapour to be seen during a flight. This wouldn’t appeal to everyone. There is also the chance people might complain, or they may even think someone is smoking.
We think most vapers would be happy to wait until they got to their destination to vape. But since they cannot even carry their vaping equipment in their checked luggage, they’re going to have quite a wait until they get to a shop that sells equipment. And then, of course, they cannot take it back home on a plane with them.
We’ll await the outcome of this lawsuit with interest.
