PepsiCo Beats Would-be Class Suit Over Health Plan’s Smoker Fee

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A federal court has dismissed a proposed class action lawsuit against PepsiCo challenging its practice of charging tobacco-using employees an additional $900 annually for health insurance. The court ruled that PepsiCo’s policy, which includes waiving the fee for employees who complete a quit-smoking program, complies with the Employee Retirement Income Security Act (ERISA). The Act requires employers to offer at least one annual opportunity for employees to earn a waiver from tobacco-related penalties.

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