Judge Lets Smokers’ Case Proceed

A lawsuit seeking restitution from tobacco companies for every Californian who has bought cigarettes can proceed, a state judge ruled.

Superior Court Judge Ronald Prager in San Diego has certified class-action claims on behalf of California smokers who contend that Philip Morris Cos. and other cigarette makers broke the state’s unfair business practices laws. Smokers may be eligible for billions of dollars in restitution if the suit succeeds, plaintiffs’ lawyers said.

While allowing the restitution claims to proceed, Prager refused to allow a class of smokers to seek punitive damages under state consumer-protection laws. Liability for addiction and smoking-related health-care costs are not issues in the case.

Attorneys for Philip Morris said they would appeal Prager’s ruling.