Davis to Join Suit Seeking Damages From the Tobacco Industry

California Lt. Gov. Gray Davis is expected to jump into the legal attack against the tobacco industry by joining a lawsuit that seeks heavy monetary damages from cigarette makers for allegedly violating state laws against deceptive business practices.

Davis is expected to announce today that he will become lead plaintiff in the lawsuit, filed by private lawyers in July. The lawsuit seeks to compel the industry to fund stop-smoking programs and anti-smoking ads and to disgorge profits made in California through deceptive marketing tactics.

It is uncertain how Davis’ participation will improve the suit’s prospects for success. But it is an early shot in the 1998 campaign for governor, which could pit Davis, a Democrat, against Republican Atty. Gen. Dan Lungren, who has refused to join nearly 20 other state attorneys general in suing the industry to recover the costs of treating sick smokers.

Although Lungren has declined to sue, Los Angeles County, San Francisco and several other local governments have filed their own lawsuits seeking recovery of smoking-related health care costs. The cigarette companies have denied liability. Lungren declined comment.

The suit being joined by Davis is pending in San Diego Superior Court. Until now, the only named plaintiff has been Orange County resident James Ellis.

Garry South, Davis’ chief of staff, said Davis’ involvement “is about protecting interests of the state. . . . He has decided to take this action so at least California is at the table.”