Advertising for Over-The-Counter Antacids

Text (OCR of the scan at left; may contain errors)

IN THE MATTER OF ADVERTISING FOR OVER-THE-COUNTER ANTACIDS TRR 215-56. Interlocutory Order, Nov. 30, 1978 ORDER AFFIRMING THE PRESIDING OFFICER’S FINAL NOTICE The Commission, having received pursuant to Rule 1.13(c) (2)(ii) a petition from the Proprietary Association appealing from the designation of issues in the presiding officer’s final notice of proposed rulemaking, hereby affirms the decision of the presiding officer. In the final notice, 43 F.R. 38849 (August 31, 1978), the presiding officer declined to designate any issues for cross-examination pursuant to Rule 1.13(d)(1). Instead, he propounded seven questions to which the attention of all interested persons was directed. The Commission agrees that none of the issues proposed for designation meets the standard of Rule 1.13(d)(1)(i) because they are not disputed issues of material fact that are necessary to resolve, within the meaning of 15 U.S.C. 57a(c)(1)(B). Nevertheless, as an exercise of its discretion and in an attempt to create as complete a record as possible, the Commission has directed the presiding officer to afford ample opportunity for cross-examination on the important issues raised in this proceeding.

ee Uy ee ee 877 : Interlocutory Order