Plaintiffs Still Mostly Prevail At Dismissal In Tobacco Surcharge Cases

( April 13, 2026, 2:12 PM EDT) -- As the number of health plan sponsors facing putative class lawsuits over tobacco surcharges keeps rising, plaintiffs continue to get claims past dismissal most of the time, but in the last month one case has been dismissed while four survived dismissal wholly or in part; additionally, a similar case that slightly preceded the wave was ruled time-barred at summary judgment....