Agencies Issue New Guidance Concerning Tobacco Surcharge Regulations

( August 27, 2026, 3:03 PM EDT) -- WASHINGTON, D.C. — Amid an ongoing wave of private enforcement lawsuits concerning health plans’ tobacco surcharges, the U.S. Department of Labor (DOL) and other federal agencies on Aug. 26 said they recognize that “enforcement relief and additional clarification may be necessary to mitigate uncertainty for wellness programs that provide a reward to increase healthy choices and behaviors and lower healthcare costs.”...