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Thus, tobacco users are penalized based solely on their status as smokers, which violates ERISAs nondiscrimination provisions. The lawsuit goes on to allege that allowing companies like Caseys to exploit their participants and unlawfully extract millions from them under the guise of a wellness program that is, in reality, a cash grab, directly contradicts ERISAs purpose of protecting workers from health-based discrimination

For starters, nicotine releases the stimulating chemical Epinephrine

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24 Smoking Epidemic in Youth Populations In 2009, the US Congress passed the Family Smoking Prevention and Tobacco Control Act, which gives the FDA authority to regulate the manufacture, distribution, and marketing of tobacco products