He has previously noted that the Richmond, Va.-based company, which produces the top-selling Marlboro brand, supported federal legislation that in 2009 gave the Food and Drug Administration the power to regulate tobacco products, which includes various retail restrictions
Those regulations state they are intended to ensure corporate wellness programs actually promote health as opposed to being a subterfuge for discriminating based on a health factor. The lawsuit alleges Caseys is illegally shifting the costs associated with less healthy workers from the company back to those same workers who end up subsidizing their healthier colleagues. ERISA bars any health insurer or medical plan from discriminating against participants by charging premiums based on a health-related factor, including tobacco use
While women are now commonly admitted to be consumers of enormous quantities of cigarettes, his particular feature of the tobacco question has been so hotly attack by the antis that illustrations published merely editorially, showing a woman smoking a cigarette or holding one in her hand, have been followed immediately after publication by letters of protest to the editor
Food and Drug Administration , FDA, 22 Dec
