"These lawsuits typically allege that the employer and its health plan fiduciaries breached their fiduciary duties under [ERISA] ... because of some combination of the following: [1] the wellness program does not provide a compliant reasonable alternative standard because the individual must become tobacco free, [2] a participant who completes the smoking cessation program (or other) alternative is not able to avoid the full amount of the surcharge for the plan year, and/or [3] a reasonable alternative standard, such as a smoking cessation program, was not disclosed to participants."  MORE >>