In March of this year e-cigarettes were banned on flights in and out of the USA.

The ban applies to all passengers on all U.S. and foreign airlines with flights within, into or out of the country.  The ban took effect from April.

However, this ruling is now being challenged by two groups. The Competitive Enterprise Institute (CEI) and the Consumer Advocates for Smoke-free Alternatives Association, (CASAA) that is a very successful consumer advocacy group for vaping.

The two groups are challenging on the grounds that the ruling is illegal as e cigarettes do not emit smoke, and the Department for Transportation (DOT) do not have the authority to impose this blanket ban.

“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.”

The transport Department stated that the ban was brought in to clarify any confusion over vaping and smoking.