U.G.N. Surcharge Settlement

Smith, et al. v. U.G.N. Inc.
No. 1:24-cv-7908 (N.D. IL.)

If you were charged a nicotine surcharge under the UGN Inc. Employee Health Care Plan from August 30, 2018 to December 31, 2024, you may be part of a class action settlement.

The settlement was reached in a class action lawsuit alleging U.G.N. Inc. violated the Employee Retirement Income Security Act (“ERISA”) by failing to provide a reasonable alternative standard related to paying the tobacco surcharge and/or a required notice related to the availability of a reasonable alternative standard.

The Court granted Preliminary Approval of the Settlement on March 7, 2025.

The Court still has to decide whether to approve the Settlement. Payments will be made only if the Court approves the Settlement and that approval is upheld in the event of any appeal.

The information provided is in summary form and is not intended as a complete explanation of your rights. For full and complete information, you are directed to review carefully the Notice.

What Are My Options?

Object

— Deadline: July 8, 2025

You may write to the Court and counsel if you don’t like the Settlement to explain why you object. If the Court approves the Settlement, you will get a share of the Settlement benefits to which you are entitled, regardless of whether you objected to the Settlement.

Attend Hearing

— Scheduled: July 29, 2025 at 12:15 p.m.

You may ask to speak in Court about the fairness of the Settlement if you notify the Court and counsel of your intent to appear at the hearing. If the Court approves the Settlement, you will get a share of the Settlement benefits to which you are entitled, regardless of whether you spoke in Court about the fairness of the Settlement.

Do Nothing

If the Court approves the Settlement, you will get a share of the Settlement benefits to which you are entitled.