Does using an e-cigarette count as “smoking”? A federal appeals court is not sure, but either way, it can’t be done on an airplane.
In a 2-1 opinion Friday, the U.S. Court of Appeals for the District of Columbia upheld a Transportation Department regulation barring the use of e-cigarettes on airplanes. The judges ruled that, because the definition of “smoking” is ambiguous, it’s appropriate to defer to the agency’s interpretation of the law under which it issued the regulation.
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