is it legal to advertise tobacco Regulation of nicotine marketing National Association of Tobacco Outlets:

In early October, a PepsiCo employee filed a class action lawsuit alleging the beverage companys tobacco surcharges violated ERISA by targeting employees based on their health status, specifically their tobacco use

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While we cannot entirely rule out this possibility of social desirability bias, we made sure to protect the privacy of participants and validated the reliability of self-reported smoking behavior in this population using saliva nicotine tests during a secondary survey, at least within the most recent 48-hour recall window that the biomarker test would capture