A wave of ERISA class action lawsuits challenging tobacco surcharges in employee health plans is emerging nationwide, with three law firms leading the charge since October 3, 2024: Siri & Glimstad, Stueve Siegel Hanson, and the McClelland Law Firm. The lawsuits target major retailers including Target, 7-Eleven, Tractor Supply Co., Walmart, and Campbell Soup Co., alleging that their tobacco surcharges violate ERISA’s anti-discrimination provisions by not offering proper alternatives like smoking-cessation programs.
Do you smoke or vape and have been charged healthcare premiums? You may be entitled to compensation.
Siri & Glimstad, represented by attorney Oren Faircloth, is counsel for five of these lawsuits. Faircloth states that charging employees fees for lifestyle choices like smoking is typically illegal, and they intend to hold companies accountable. The cases have been filed in multiple federal courts including Connecticut, Pennsylvania, New Jersey, and New York. This trend follows successful precedents, including a 2021 class certification in Missouri and recent Department of Labor actions against companies like Flying Food Group LLC and Macy’s Inc. While Walmart claims compliance with all applicable laws and dismisses the lawsuit as meritless, other defendants haven’t responded to comment requests.