Frequently Asked Questions

No, you are not being sued.

The Class Representatives were participants in the Compass Group USA, Inc.’s group health plan (“Plan”).  Plaintiffs filed a lawsuit on behalf of themselves and other similarly situated individuals alleging Compass Group violated ERISA by imposing a tobacco surcharge without having provided a reasonable alternative standard or furnished adequate notice as required by law. Plaintiffs have also alleged that Compass Group violated the terms of the governing Plan Document, and that it breached its fiduciary duties, in connection with its imposition of the tobacco surcharge and its collection and disposition of the tobacco surcharge funds.

Compass Group denies it violated ERISA and contends it provided Plan participants with a reasonable alternative standard to avoid the tobacco surcharge and proper notice of the same, and that it did not violate the governing Plan Document or its fiduciary obligations in connection with the tobacco surcharge.

The Court certified three classes of individuals:

• Statutory Violation Class: All persons within the United States who paid Compass Group’s tobacco surcharge from October 9, 2020, through May 20, 2026.
• Plan Terms Violation Class: All persons within the United States who paid Compass Group’s tobacco surcharge through May 20, 2026.
• Individual Fiduciary Duty Class: All persons within the United States who paid Compass Group’s tobacco surcharge from October 9, 2018, through May 20, 2026.

The Court also certified a fourth class to pursue relief on behalf of the Plan, rather than for individual relief. Excluding yourself does not affect your membership in this fourth class. This class, called the “Plan Fiduciary Duty Class” is defined to include: “All persons within the United States who paid Compass Group’s tobacco surcharge from October 9, 2018 through May 20, 2026.”

More details can be found in the Court’s Order certifying the Classes, which is available here.

No. The Notice is for the sole purpose of determining the identity of those persons who wish to exclude themselves from being bound by this lawsuit. The United States District Court for the Western District of Missouri expresses no opinion regarding whether Plaintiffs will win. There is no assurance at this time that any relief of any type or amount will be granted.

Plaintiffs are asking the Court to enter judgment for them, both individually and on behalf of all similarly situated individuals, awarding the following relief:

1. that the Court order Defendant to reimburse all persons who paid the tobacco surcharge within the relevant limitations period;
2. that the Court order disgorgement and/or restitution of all payments unlawfully assessed by Defendant, or, alternatively, the profits earned by Defendant in connection with its receipt of such unlawful fees;
3. that the Court grant a declaratory judgment holding that the actions of Defendant violate ERISA and applicable law, as well as the terms of the plan;
4. that the Court order Defendant to provide all accountings necessary to determine the amounts it must make good to the plan and to plan participants and beneficiaries;
5. that the Court surcharge against Defendant all funds it collected in violation of ERISA and the terms of the plan;
6. that the Court impose a constructive trust on profits received by Defendant as a result of fiduciary breaches committed by it or for which it is liable, upon which Plaintiffs and the Classes can make claims for equitably vested benefits;
7. that the Court award Plaintiffs and the Classes all damages available at law in an amount to be determined at trial;
8. that the Court award reasonable attorneys. fees, costs, and expenses as provided by law;
9. that the Court order the payment of interest to the extent it is allowed by law; and/or
10. that the Court grant all other equitable, remedial, and legal relief as it deems just and proper under the circumstances.

No money or benefits are available now because the Court has not yet decided whether Plaintiffs or Defendant is right, and the two sides have not settled the case. There is no guarantee that money or benefits ever will be obtained. If they are, you will be notified about how to receive a share.

Yes. The Court has appointed Plaintiffs’ counsel as Class Counsel, and they commonly represent the interests of the Plaintiffs and all similarly situated employees who have not requested to be excluded. You do not have to separately pay Class Counsel. If the lawsuit results in a money judgment or settlement, Class Counsel will seek their attorneys’ fees and costs as a percentage of the overall recovery, or to be separately paid by Defendant, all subject to Court approval. Class Counsel are:

George A. Hanson
Alexander T. Ricke
Caleb J. Wagner
Stueve Siegel Hanson LLP
460 Nichols Road, Suite 200
Kansas City, MO 64112

Ryan L. McClelland
McClelland Law Firm, P.C.
200 Westwoods Drive
Liberty, MO 64068

To ask to be excluded you must send an “Election to Opt Out of Certified Class Action” via U.S. Mail. You may use the form provided with the notice, or you may send or submit a letter, stating that you want to be excluded from the Rule 23 class action litigation known as Mehlberg, et al. v. Compass Group USA, Inc., and that, by excluding yourself, you understand that you will not participate in any recovery obtained as a result of a successful recovery following a trial, or in the event of a settlement. Be sure to include your name, address, the location where you worked, your Employee ID number, and sign and date the letter. You must mail your Election postmarked by September 14, 2026, to:

Compass Tobacco Surcharge Case
P.O. Box 2007
Chanhassen, MN 55317-2007

As long as the case isn’t resolved by a settlement or otherwise, Class Counsel will have to prove the Plaintiffs’ claims at a trial. The trial will begin on November 16, 2026, in the United States District Court for the Western District of Missouri in Kansas City, Missouri. During the trial, the Judge will hear all the evidence to help him reach a decision about whether the Plaintiffs or Defendant is right about the claims in the lawsuit. There is no guarantee that the Plaintiffs will win, or that they will get any money for the Classes.

You do not need to attend the trial as a member of the class. Class Counsel will present the case for the Plaintiffs, and Defendant will present the defenses. You or your own lawyer are welcome to attend the trial at your own expense.

You may email the Notice Administrator at CompassTobaccoSurcharge@noticeadministrator.com, or call at 844-968-3857.