Navigating the Surge: Class Action Lawsuits and Health Plan Surcharges for Tobacco Users (Mar. 20, 2025)
Includes a Live Web Event on 07/30/2025 at 2:00 PM (EDT)
- Registration Closed
In recent months, employers have seen an alarming rise in class action lawsuits related to health plan surcharges imposed on tobacco users. These lawsuits, which allege violations of anti-discrimination and healthcare laws, have significant implications for businesses and their HR policies. Join Jackson Lewis P.C. attorneys Joe Lazzarotti and René Thorne, along with Rob Falk, Chief Legal and Regulatory Affairs Officer at Truth Initiative, for a deep dive into the growing trend of tobacco-related health plan surcharges and the increasing number of class action claims against employers. We will cover the legal risks and compliance challenges facing employers, offering practical strategies for addressing surcharge policies, defending against lawsuits and ensuring that health plans comply with the latest legal developments.
Generously sponsored by Jackson Lewis and the Employment and Labor Law Network
Key:






Rob Falk
Chief Legal and Regulatory Affairs Officer
The Truth Initiative
Throughout his career, Robert Falk’s legal expertise has helped advance important health care and social causes. Falk is a health care attorney with 15 years of private practice experience at prominent national law firms and over a decade of experience in the nonprofit sector. As Chief Legal and Regulatory Affairs Officer, Falk uses his legal expertise to influence our public policy advocacy efforts, enabling Truth Initiative to lead policy change strategies at federal, state, and local levels. Prior to joining Truth Initiative, Falk served for 11 years as the general counsel and corporate secretary of the Human Rights Campaign, the nation’s largest LGBTQ civil rights organization. During his tenure, he supported the organization’s work on policy changes such as the “Don’t Ask Don’t Tell” repeal and the passage of marriage equality and employment nondiscrimination legislation by state legislatures. Falk, recipient of the Human Rights Campaign’s Ally of Justice award, advised both the Human Rights Campaign and the Human Rights Campaign Foundation on legal issues including election and campaign finance law, nonprofit tax issues, real estate, human resource matters, and intellectual property. Prior to his work at the Human Rights Campaign, Falk served as general counsel of the Whitman-Walker Clinic, an HIV/AIDS social service agency, and as acting general counsel at D.C. General Hospital. He is a graduate of Yale Law School and Princeton University.

René Thorne
Principal
Jackson Lewis P.C.
René is a Principal and Co-Leader of the ERISA Complex Litigation Group at Jackson Lewis P.C. Her practice focuses on complex and class employee benefit litigation matters, including representation of employers, plans, plan fiduciaries, and trustees. René also has testified as an expert in ERISA matters and is available to mediate such matters as well.
Chambers USA has listed René as a leading ERISA litigator for many years. In addition, she has been named a Super Lawyer for the last several years, and is listed in Best Lawyers in America. René has been named as one of “The Most Powerful Employment Attorneys in America” by Law Dragon/Human Resource Executive and Best Lawyers’ New Orleans Employment Law - Management Lawyer of the Year several times.

Joe Lazzarotti
Shareholder
Jackson Lewis P.C.
With nearly 25 years of experience in employee benefits, privacy, and cybersecurity law, I bring a strategic, forward-thinking approach to the ever-evolving regulatory landscape. As the founder and co-leader of our cybersecurity and AI practice groups, I help organizations navigate complex and emerging compliance challenges, particularly around the collection, use, disclosure, and retention of personal information, the use of artificial intelligence, and overall governance, risk and compliance in these areas.
At the same time, I guide organizations through design, adoption, and administration challenges involving their employee benefit plans. We face together an alphabet soup of regulation: ERISA, IRC, ACA, COBRA, HIPAA, MHPAEA, ADA, FMLA, GINA, USERRA, to name a few.
I have a deep focus in the healthcare industry, HIPAA compliance, and the compliance burdens facing professional services providers regarding how to safeguard sensitive data while staying ahead of regulatory demands.
In short, my passion lies in guiding businesses through the intersection of technology, privacy, and legal obligations to ensure they and their benefit plans can thrive securely and efficiently in today’s digital age.