More Pressure on Tobacco Deal

Californians could be forgiven if they greeted the news earlier this month of Minnesota’s $6.6-billion tobacco deal with mixed feelings: Nice for the Minnesotans, but what about us?

In large measure, because of the determination of its attorney general, Hubert H. Humphrey III, Minnesota extracted a big chunk of change from the cigarette makers to treat sick smokers. No less important, Humphrey won new concessions from the industry. Some, like enviably tough limits on outdoor cigarette advertising, will apply only in Minnesota.

Other provisions could help California Atty. Gen. Dan Lungren to more vigorously pursue this state’s claim against the industry. For example, the companies agreed to fund and maintain depositories for the millions of incriminating documents they were forced to release. Access to these records ensures that California and other states will have a much easier time documenting the industry’s lies and deception on matters such as youth smoking and the addictive nature of nicotine.

California was among the last of the 40 states to sue the industry to recoup the public costs of treating sick smokers. Lungren acted last year, after Minnesota, Florida and Texas had brought suits that have since produced settlements committing the industry to huge payouts in each state. Lungren long insisted that a 1987 state law prevented him from filing a similar claim against the industry.

He was finally prompted to sue on behalf of the state after the Legislature lifted immunity previously granted to the industry. Lungren had to act to stake California’s claim in what became a $368.5-billion proposed national settlement reached last June. This paper favored the national deal. But now, as prospects for any congressional tobacco legislation wane, California’s separate suit seems the best hope for compensation as well as state curbs on the industry’s most odious practices.

But it won’t be smooth sailing. Just days before the Minnesota deal was signed, a Sacramento Superior Court judge threw out much of California’s multibillion-dollar case, disallowing under state law claims for Medi-Cal reimbursement and punitive damages.

Judge John R. Lewis left intact claims that the industry engaged in unfair and antitrust practices. He has granted the attorney general permission to amend the state’s complaint on the more important Medi-Cal and punitive damages claims. This lawsuit should be among Lungren’s highest priorities. California, with more smokers than Minnesota or Florida, deserves no less in the way of compensation.