Prop. 64 Opponents Launch TV Spots

Opponents of business-backed Proposition 64 are taking to the airwaves with a $3-million television campaign.

The 15- and 30-second spots, which began running in Los Angeles and three other large media markets Thursday, accuse industry and tobacco companies in particular of trying to curb private lawsuits that use the state’s Unfair Competition Law to enforce anti-smoking and pollution control laws.

The advertisements feature an animated map of California, with the Central Valley expanding and contracting like a person’s lungs. The spot notes that the American Lung Assn., the Sierra Club and the California Nurses Assn. oppose Proposition 64.

Foes of Proposition 64 said the television campaign’s theme was timely given that a major tobacco company, Philip Morris USA Inc., contributed $100,000 this week to the Yes on 64 campaign, which has raised more than $13 million. Opponents have raised $1.6 million and hope to raise $3 million by the Nov. 2 election.

Proposition 64 would amend the Unfair Competition Law by taking away individuals’ power to sue for false advertising or harmful business practices unless they can prove they have suffered injuries or financial or property losses. Suits on behalf of the public would have to meet stringent class-action criteria.

Proposition 64 boosters, which include Gov. Arnold Schwarzenegger and businesses such as car dealers, oil companies, insurers and computer manufacturers, say the initiative wouldn’t hamper environmental or tobacco enforcement by government prosecutors.

“What this really does is stop future shakedown lawsuits against innocent businesses,” campaign co-chairman John Sullivan said. “This maintains the ability of individuals who are actually harmed to bring a lawsuit against anyone who has injured them or cost them money.”

Philip Morris called Proposition 64 a much-needed legal reform. Passage of the initiative would have “absolutely zero impact” on enforcement of anti- tobacco laws, which are governed by the settlement of a 1998 multi-state lawsuit, said Mike Pfeil, a spokesman for Altria Group Inc., Philip Morris’ parent company.