ERISA Tobacco Surcharge
ERISA Tobacco Surcharge Litigation
44 predicted defendants identified in Rain Intelligence for this trend — companies that have not yet been sued, but are on plaintiffs’ firms’ radar.
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Rain Intelligence customers see the full list of companies under pre-filing investigation by plaintiffs’ firms — plus the AI-forecasted defendants most likely to be sued next, with case theories, evidence summaries, and plaintiff-firm activity. This public preview shows only what is already on the docket.
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Understanding the trend
What is this trend?
A nationwide wave of ERISA class actions targeting employer-sponsored group health plans that impose a monthly 'tobacco surcharge' (typically $20–$150/month) on self-reported smokers and nicotine users without offering a HIPAA-compliant reasonable alternative standard or providing proper notice.
What caused it
Three structural drivers: (1) HIPAA's wellness-program safe harbor requires plans charging a tobacco surcharge to offer a reasonable alternative standard (RAS) — and to clearly disclose it in plan documents and on every benefit form; many plans fail one or both prongs. (2) The successful Buescher v. North American Lighting case (April 2024) and subsequent settlement template spawned a copy-cat playbook now exported to dozens of large employers. (3) Plaintiff-firm investigators are systematically Facebook-targeting current and former employees of brand-name employers, and forecasting tools surface the next defendants by reading their open-enrollment kits and ACA Form 5500 filings.
Practices driving the lawsuits
- Charging a tobacco-use surcharge without offering any reasonable alternative standard (RAS) — or burying the RAS where most employees never see it
- Requiring smokers to enroll in a cessation program *and* successfully quit to avoid the surcharge (outcome-based vs. activity-based)
- Failing to provide the HIPAA-required annual notice describing the RAS in every plan communication that mentions the surcharge
- Conditioning the standard premium (rather than offering it as the default) on non-smoker certification, then refusing to refund or pro-rate when an employee enrolls in a cessation program mid-year
- Self-reported tobacco questions on enrollment with no mechanism to update status, locking in the surcharge for 12 months even after quitting
- Surcharge structured as a 'tobacco fee' or 'tobacco-related health fee' rather than a wellness-program surcharge — bypassing HIPAA wellness regulations entirely
Filed cases
Public court records · filterable + sortable
| Filed▼ | Defendant | Court | Firm | Industry | Theory | Complaint |
|---|---|---|---|---|---|---|
| May 19, 2026 | Republic Services, Inc.|Employee Benefits Committee|John Does 1-20 Patrick Braun v. Republic Services, Inc. | District of Arizona | SIRI & GLIMSTAD LLP | Employment and labor | Tobacco surcharge+3 | View |
| May 1, 2026 | Patrick Industries, Inc. Steven D. Wilds et al. v. Patrick Industries, Inc. | Northern District of Indiana | Hassler Kondras LLP; Walcheske & Luzi, LLC | Employment and labor | Tobacco surcharge+4 | View |
| Apr 29, 2026 | The Kroger Co. Lynn Anderson and Lissette Maldonado Padilla v. The Kroger Co. | Southern District of Ohio | Chestnut Cambronne PA; Siri & Glimstad LLP | Healthcare | Tobacco surcharge+5 | View |
| Apr 22, 2026 | Republic Services, Inc. Nathaniel Diehl v. Republic Services, Inc. | District of Arizona | PEREZ LAW GROUP, PLLC | MILBERG PLLC | Insurance | Tobacco surcharge+5 | View |
| Apr 21, 2026 | Amgen Inc. Sanjay Sharma v. Amgen Inc. | Central District of California | Milberg PLLC | Healthcare, pharma, and medical devices | Tobacco surcharge+5 | View |
| Apr 17, 2026 | Apple Inc.|The Apple Inc. Benefits Administrative Committee Mickey A. Stithem v. Apple Inc. and The Apple Inc. Benefits Administrative Committee | Northern District of California | SIRI & GLIMSTAD LLP | Employment and labor | Tobacco surcharge+5 | View |
| Apr 7, 2026 | Nestlé USA, Inc. Melissa G. Hohl v. Nestlé USA, Inc. | Virginia Eastern District Court | SIRI & GLIMSTAD LLP | Employment and labor | Tobacco surcharge+5 | View |
| Mar 31, 2026 | Acadia Healthcare Company, Inc. Ibelis Rodriguez v. Acadia Healthcare Company, Inc. | Tennessee Eastern District Court | Siri & Glimstad Llp | Insurance | Tobacco surcharge+4 | View |
| Mar 17, 2026 | humana, inc. | humana, inc. manager of benefits administration Dennis P. Cassady v. Humana, Inc. and the Humana, Inc. Manager of Benefits Administration | Kentucky Western District Court | Siri & Glimstad Llp | Insurance | Tobacco surcharge+3 | View |
| Mar 12, 2026 | Huntington Ingalls Industries, Inc. | HII Administrative Committee Leo B. Brown and Richard Fowler v. Huntington Ingalls Industries, Inc. and HII Administrative Committee | Virginia Eastern District Court | Butler Curwood, Plc, Chirinos Law Firm Pllc, Stiegler Law Firm Llc, Bloom Legal Llc, Horan & Horan, Pllc | Insurance | Tobacco surcharge+4 | View |
| Mar 9, 2026 | The hershey company | The hershey company employee benefits administrative committee Elizabeth A. Shope v. The Hershey Company and The Hershey Company Employee Benefits Administrative Committee | Pennsylvania Middle District Court | Feinstein Doyle Payne & Kravec, Llc, Siri & Glimstad Llp | Insurance | Tobacco surcharge+5 | View |
| Feb 3, 2026 | The Procter & Gamble Company | The Procter & Gamble U.S. Business Services Company | The Procter & Gamble Policy Committee Alicia Mendez v. The Procter & Gamble Company | Ohio Southern District Court | Chestnut Cambronne Pa, Siri & Glimstad Llp | Insurance | Tobacco surcharge+4 | View |
| Jan 30, 2026 | Sysco corporation Julie Avalos and Randy Wolfe v. Sysco Corporation | Texas Southern District Court | Siri & Glimstad Llp | Insurance | Tobacco surcharge+4 | View |
| Jan 23, 2026 | O'reilly automotive, inc. John Hatfield v. O'reilly Automotive, Inc. | Missouri Western District Court | Pospisil Swift, Llc; Siri & Glimstad Llp | insurance | Tobacco surcharge+5 | View |
| Jan 9, 2026 | The goodyear tire & rubber company Tabitha Kiles v. The Goodyear Tire & Rubber Company | Ohio Northern District Court | Strauss Troy Co. Lpa, Walcheske & Luzi, Llc, Chirinos Law Firm, Pllc | Insurance | Tobacco surcharge+2 | View |
| Dec 10, 2025 | Home Wet Bar, LLC Nicole Davis v. Home Wet Bar, Llc | Illinois Northern District Court | Equal Access Law Group, Pllc | Consumer products / retail | Americans with Disabilities Act violation, Declaratory relief requested | View |
| Oct 31, 2025 | Leidos, inc. Jennifer Walker v. Leidos, Inc. | Virginia Eastern District Court | Siri & Glimstad Llp | insurance | Tobacco surcharge+5 | View |
| Oct 9, 2025 | Safelite group inc. | Safelite group inc. benefits administrator Christopher B. Curtis and Chad Austin v. Safelite Group, Inc. and Safelite Group, Inc. Benefits Administrator | Ohio Southern District Court | Chestnut Cambronne Pa, Siri & Glimstad Llp | Automotive & Mobility | Tobacco surcharge+4 | View |
| Jul 24, 2025 | Nordstrom, Inc. Rashi Pinckney, Jack Ferguson, And Ray Eaton Jr. V. Nordstrom, Inc. | Washington Western District Court | Siri & Glimstad LLP | Retail & E-commerce | Tobacco surcharge+5 | View |
| Jun 16, 2025 | Lowes Companies, Inc. Randy Denny and Michele Golembeck v. Lowes Companies, Inc. | North Carolina Western District Court | Siri & Glimstad Llp | Retail & E-commerce | Tobacco surcharge+2 | View |
| May 29, 2025 | Dollar General Corporation Regina D. Miller and Shamisha Walker v. Dollar General Corporation | Tennessee Middle District Court | Siri & Glimstad Llp | Retail & E-commerce | Tobacco surcharge+3 | View |
| May 22, 2025 | United surgical partners international, inc. Dara Janosky v. United Surgical Partners International, Inc. | Kentucky Eastern District Court | Siri & Glimstad Llp | Healthcare & Pharmaceuticals | Tobacco surcharge+3 | View |
| May 8, 2025 | Glens Falls Hospital Kimberely M. Schultz v. Glens Falls Hospital | New York Northern District Court | Siri & Glimstad Llp | Healthcare & Pharmaceuticals | Tobacco surcharge+4 | View |
| Mar 28, 2025 | Casey's General Stores, Inc. Elizabeth D. Blalock v. Casey's General Stores, Inc. | Iowa Southern District Court | Siri & Glimstad Llp and Koley Jessen P.C., L.L.O. | Retail & E-commerce | Tobacco surcharge+3 | View |
| Mar 19, 2025 | Safelite Group, Inc. | Safelite Benefits Administrator Kelly Key v. Safelite Group, Inc. | Ohio Southern District Court | — | Transportation & Logistics | Tobacco surcharge+3 | View |
| Mar 3, 2025 | Lhc group, inc. Amanda J. Knight v. LHC Group, Inc. | Louisiana Western District Court | C bergeron law siri & glimstad llp | Healthcare & Pharmaceuticals | Tobacco surcharge+3 | View |
| Feb 12, 2025 | Walgreen Company | Walgreen Health And Welfare Committee Alexis J. Roman v. Walgreen Company and the Walgreen Health and Welfare Committee | Illinois Northern District Court | Siri & Glimstad Llp | Healthcare & Pharmaceuticals | Tobacco surcharge+4 | View |
| Jan 17, 2025 | Whole Food Market, Inc. | Whole Foods Market Inc., Benefits Administrative Committee Paul Wilson, Tyler Houston, And James Besterfield V. Whole Food Market, Inc. And The Whole Foods Market Inc., Benefits Administrative Committee | Texas Western District Court | Siri & Glimstad Llp | Retail & E-commerce | Tobacco surcharge+3 | View |
| Nov 13, 2024 | Ttec holdings, inc. Shemia Parker v. TTEC Holdings, Inc. | Colorado District Court | Stueve Siegel Hanson Llp, Mcclelland Law Firm, P.C. | Other | Tobacco surcharge+3 | View |
| Oct 30, 2024 | Ascension Health Alliance Jennifer L. Plesha v. Ascension Health Alliance | Missouri Eastern District Court | Pospisil Swift, Llc and Siri & Glimstad Llp | Other | Tobacco surcharge+3 | View |
| Oct 23, 2024 | Xpo, Inc. | Gxo Logistics, Inc. James Richard Hill, Iii v. Xpo, Inc. and Gxo Logistics, Inc. | Connecticut District Court | Madsen Presley & Parenteau, Llc, Stueve Siegel Hanson Llp, Mcclelland Law Firm, P.C. | Other | Tobacco surcharge+4 | View |
| Oct 17, 2024 | Campbell Soup Company Jamar Spencer v. Campbell Soup Company | New Jersey District Court | Siri & Glimstad Llp | Other | Tobacco surcharge+1 | View |
| Oct 9, 2024 | Compass group usa, inc. Richard L. Mehlberg and Angela R. Deibel v. Compass Group Usa, Inc. | Missouri Western District Court | Stueve Siegel Hanson Llp, Mcclelland Law Firm, P.C. | Other | Tobacco surcharge+3 | View |
| Oct 3, 2024 | Pepsico, Inc., Pepsico Administration Committee Krista E. Noel v. Pepsico, Inc., Pepsico Administration Committee | New York Southern District Court | Siri & Glimstad LLP | Other | Tobacco surcharge+3 | View |
| Sep 26, 2024 | Target Corporation Joseph Williams v. Target Corporation | Texas Northern District Court | Chesnut Cambronne PA, Siri & Glimstad LLP | Other | Tobacco surcharge+3 | View |
| Sep 26, 2024 | 7-Eleven, Inc. Barbara A. Baker v. 7-Eleven, Inc. | Pennsylvania Western District Court | Feinstein Doyle Payne & Kravec, LLC, Siri & Glimstad LLP | Other | Tobacco surcharge+3 | View |
| Sep 23, 2024 | Tractor Supply Company Chelsea L. Harrison Keesler v. Tractor Supply Company | Texas Northern District Court | Weisberg Cummings, P.C., Stueve Siegel Hanson LLP, McClelland Law Firm, P.C. | Other | Tobacco surcharge+3 | View |
| Sep 16, 2024 | Walmart, Inc. Annette M. Cunningham And Samantha M. Dennis v. Walmart, Inc. | New York Eastern District Court | Siri & Glimstad LLP | Other | Tobacco surcharge+4 | View |
| Aug 30, 2024 | U.G.N., Inc. Charles K. Smith v. U.G.N., Inc. | Illinois Northern District Court | Walcheske & Luzi, LLC and Hassler Kondras Miller LLP | Other | Tobacco surcharge+4 | View |
| Apr 26, 2024 | Bass Pro Group LLC and BPS Direct LLC Nora ruiz v. Bass pro group LLC, and BPS direct LLC | Missouri Western District Court | Stueve siegel hanson llp, Mcclelland law firm, p.c. | Other | Tobacco surcharge+3 | View |
| Apr 10, 2024 | North American Lighting, Inc. James R. Buescher v. North American Lighting, Inc. | Illinois Central District Court | Walcheske & Luzi, LLC and Hassler Kondras Miller LLP | Other | Tobacco surcharge+5 | View |
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