The Court found that the participants plausibly alleged that the employer was a fiduciary under the plan, as it served as the plan administrator, exercised discretionary control over the management of the plan in making decisions about the wellness program, and failed to disclose information about the tobacco surcharge and the availability of a RAS
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While the number of smokers has been declining since the 1960s, smoking remains the leading cause of preventable disease and death, killing more than 480,000 people annually in the United States