Case Summary
Current and former Buffalo Wild Wings employees have filed a proposed an ERISA class action lawsuit against Inspire Brands Inc., the parent company of popular fast-food chains including Arby’s, Sonic, and Dunkin’. The lawsuit challenges the company’s practice of charging workers enrolled in its health plan annual fees for using nicotine products.
Legal Claims
The plaintiffs allege that Inspire Brands’ nicotine premiums violate the Employee Retirement Income Security Act of 1974 (ERISA) because:
- While employees can avoid future fees by completing a smoking cessation program, there is no way for them to obtain refunds for fees paid while completing that program
- This practice denies participants the opportunity to achieve the “full reward” required by law
- The health plan fails to meet notice requirements necessary for a lawful wellness program
- Materials describing the nicotine premium lack sufficient disclosures about working with personal physicians to develop individualized alternative standards
Financial Impact
According to the complaint, the nicotine premiums ranged from $390 to $780 annually for affected employees.
Legal Representation
The consumers in this class action are represented by:
- Oren Faircloth and Kimberly Dodson of Siri & Glimstad LLP
- James M. Evangelista of Evangelista Worley LLC
Class Definition and Relief Sought
The plaintiffs seek to represent anyone living in the United States who, from 2014 onward, paid a nicotine premium in connection with their participation in a health or welfare plan offered by Inspire. They are asking the court to:
- Declare that the premiums violated ERISA’s antidiscrimination provisions
- Order Inspire to reimburse anyone who paid these surcharges
- Provide an accounting of all prior payments of surcharges under the plan
- Disgorge any benefits or profits received due to ERISA violations
- Offer restitution of all amounts charged for the surcharges