Two federal district courts recently dismissed lawsuits challenging employer-sponsored wellness programs that impose health plan premium surcharges on tobacco users. Both courts held that the plaintiffs lacked standing to assert their claims and declined to enforce notice requirements imposed by the U.S. Department of Labor’s (DOL) 2013 regulations. One court also ruled that the “full reward” requirement does not require employers to pay back surcharges already collected. These decisions add to the growing list of employer-favorable rulings in the current wave of tobacco surcharge litigation.
