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Employer-Favorable Trend Emerges from Tobacco Cessation Class Actions
Nixon Peabody LLP 
Apr. 7, 2026 "Employers facing tobacco-surcharge litigation have stronger authority to argue that removing the surcharge prospectively after completion of a cessation program satisfies ERISA's 'full reward' requirement without retroactive refunds.... By treating wellness program adoption as a settlor function rather than a fiduciary act, the courts provide additional grounds to defeat fiduciary-breach claims tied to the design and funding effects of these programs." MORE >> |
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