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MORAIN: Consumers win with court's Prop. 64 decision 

Where was the tobacco industry in the Prop. 64 campaign? Philip Morris USA, the world's largest cigarette-maker, gave $200,000 to help pass the initiative. Now that the consumers' tobacco lawsuit can proceed in California courts, Philip Morris has the most to lose.

To sell the measure to voters, the backers made no mention that tobacco companies could benefit. They made no mention of AIG, Countrywide or any other big business. As stated in the official ballot pamphlet, proponents said the goal was narrow: "Protect small businesses from frivolous lawsuits. Close the shakedown loophole."

The California Supreme Court struck a blow not just for the little guy with its ruling. It also decreed that initiative promoters ought to be a little less slick with their campaign rhetoric.

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