American Home Products Corp. (Formerly Whitehall Pharmacal Co.)
54 F.T.C. 1880 · Docket 6755 · Decided · Interlocutory
Cite this decision
American Home Products Corp. (Formerly Whitehall Pharmacal Co.), 54 F.T.C. 1880 (1957). Consumer Law Library, https://consumerlawlibrary.org/decisions/v054-0293s1s6
Decision id v054-0293s1s6
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AMERICAN HOME PRODUCTS CORP.
(formerly WHITEHALL PHARMACAL CO.)
Docket 6755. Order, Nov. 14, 1957 Interlocutory order granting complaint counsel’s appeal from hearing examiner’s rulings excluding from the record photographic prints of the video portions of particular frames of certain kinescopes or films of respondent’s television commercials as not the ‘best evidence.”
ORDER GRANTING INTERLOCUTORY APPEAL FROM RULING OF HEARING
EXAMINER
This matter having been heard upon an interlocutory appeal, filed by counsel in support of the complaint, from rulings of the hearing examiner excluding from the record photographic prints of the video portions of particular frames of certain kinescopes or films of the respondent's television commercials, which kinescopes or films had already been admitted in evidence; and It appearing that the bases for said rulings were that the photographs are not the best evidence, and that they do not purport to show the films in their entirety; and
INTERLOCUTORY ORDERS, ETC. 1881
The Commission being of the opinion that inasmuch as the exhibits were not offered in substitution for the films, but in addition thereto, for the sole purpose of assisting the reviewing authorities in their study of the record after viewing the films, the rule excluding evidence because it is not the “best evidence” has no application; and The Commission being of the further opinion that for the purpose indicated and in the circumstances of this case, the photographs constitute relevant, material and reliable evidence and that the advantages of having them in the record outweigh any technical objections to their admissibility:
It is ordered, That the rulings of the hearing examiner sustaining the respondent’s objections to the exhibits designated as Commission’s exhibits 25~A through K, 26—A through I, 27 and 28 for identification, be, and they hereby are, reversed.
It is further ordered, That said exhibits be, and they hereby are, received in evidence.