The PFG nicotine surcharge settlement is a $4.7 million class action resolution that a Virginia federal judge gave final approval on April 22, 2026. If you paid Performance Food Group’s tobacco surcharge as part of the company’s health plan, you’re likely in the class of roughly 18,500 people, and you don’t need to file a claim. A check will be mailed to your last known address once the settlement becomes final and any appeals are resolved.1PFG Nicotine Surcharge Settlement. Class Notice – Bokma v. Performance Food Group
Who Is Covered
The class includes all U.S. residents who paid a tobacco surcharge while participating in PFG’s health and welfare plan between September 30, 2018, and December 4, 2025.1PFG Nicotine Surcharge Settlement. Class Notice – Bokma v. Performance Food Group That covers about 18,500 current and former employees, and in some cases their spouses or domestic partners who were enrolled and paid the fee.2Boutwel Fay. Sparks Are Still Flying: An Update on Tobacco Cessation Litigation
The class was certified under Federal Rule of Civil Procedure 23(b)(1), which means you cannot opt out. Once the settlement is final, every class member releases their claims against PFG related to the tobacco surcharge and the management of the plan.1PFG Nicotine Surcharge Settlement. Class Notice – Bokma v. Performance Food Group
How Much You’ll Receive
Individual payments are proportional. The $4.7 million fund is reduced first by administrative costs, an independent fiduciary’s review, service awards of $7,500 to each of the two named plaintiffs, and attorneys’ fees.1PFG Nicotine Surcharge Settlement. Class Notice – Bokma v. Performance Food Group Class counsel originally requested about $1.57 million in fees, or one-third of the fund; Judge David J. Novak cut that to 20 percent and awarded $940,000.3Mealey’s Litigation. Attorneys Get 20% of $4.7M Class Settlement in Tobacco Surcharge Case
What’s left is divided among class members in proportion to what each person actually paid in surcharges during the class period, minus any refunds already received.1PFG Nicotine Surcharge Settlement. Class Notice – Bokma v. Performance Food Group Someone who paid the surcharge for five years will get a larger share than someone who paid for one. For reference, the two named plaintiffs paid roughly $23.08 per paycheck under an annual surcharge of $600 for employees and $300 for spouses or domestic partners enrolled from 2022 through 2024.4BenefitsLink. Bokma v. Performance Food Group, Memorandum Order
What You Need to Do
Nothing, in most cases. There is no claim form. Payments will be issued automatically to class members at their last known address on file with the plan.1PFG Nicotine Surcharge Settlement. Class Notice – Bokma v. Performance Food Group
If you’ve moved since your time at PFG, update your mailing address with the settlement administrator so your check reaches you. The deadline to object passed on March 25, 2026, and the fairness hearing took place on April 22, 2026, when Judge Novak granted final approval.5PACER Monitor. Bokma v. Performance Food Group, Inc.
When Payments Go Out
Checks will be mailed after the settlement is finalized and any appeals are resolved.1PFG Nicotine Surcharge Settlement. Class Notice – Bokma v. Performance Food Group The court entered final approval on April 22, 2026; the exact mailing date depends on the appeal window and administrative preparation. The fee reduction was the only publicly noted modification to what the parties had proposed.6Law360. Workers’ Attys Get $940K as $4.7M Tobacco Deal Approved
What PFG Was Accused Of
Two employees, Donna Bokma and Daniel Samsil, sued Performance Food Group in September 2024 in the U.S. District Court for the Eastern District of Virginia. They alleged that PFG’s tobacco surcharge program violated the Employee Retirement Income Security Act of 1974.5PACER Monitor. Bokma v. Performance Food Group, Inc.
PFG charged tobacco users the surcharge unless they self-certified being tobacco-free for the prior twelve months. Those who couldn’t could enroll in the company’s “Quit 4 Life” cessation program, but even after completing it, PFG only stopped the surcharge going forward and did not refund what had already been collected during that plan year.4BenefitsLink. Bokma v. Performance Food Group, Memorandum Order7Encore Fiduciary. Courts Allow Tobacco Surcharge Cases to Advance
Judge Novak denied PFG’s motion to dismiss on May 20, 2025, letting all three counts proceed. The parties reached settlement later that year, with preliminary approval granted on December 4, 2025.8CourtListener. Bokma v. Performance Food Group, Inc. Docket PFG did not admit wrongdoing.
Contact the Settlement Administrator
To check the status of your payment, confirm you’re on the class list, or update your mailing address, use the official settlement channels:1PFG Nicotine Surcharge Settlement. Class Notice – Bokma v. Performance Food Group
- Website: www.pfgnicotinesurchargesettlement.com
- Phone: 1-800-615-1401
- Mail: Bokma v Performance Food Group Settlement Administrator, 9114, PO Box 2599, Faribault, MN 55021-9599