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Up in Smoke? Third Tobacco Premium Surcharge Case Dismissed
Groom Law Group Link to more items from this source
Mar. 2, 2026

"The court expressed doubt that ERISA's requirement that participants who complete a wellness program's alternative standard receive the 'full reward' requires reimbursement of all premium surcharges paid for the full plan year, as the plaintiff claimed. In any event, the court held that the defendants' program met this standard because it allowed participants to avoid the entire premium surcharge amount for the full plan year by completing the tobacco cessation course between May 1 and November 30 of the prior plan year." [Noel v. PepsiCo Inc., No. 24-7516 (S.D.N.Y. Feb. 27, 2026)]  MORE >>

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