The falsity of this representation is persuasively established in the record. Accordingly, the record supports the Administrative Law Judge's conclusion that this representation is made and that it is materially false. Enumeration of Error No. 4 4. In the early stages of this proceeding, the Administrative Law Judge ruled that evidence relative to advertisements used by the United States Postal Service was irrelevant to the issues in this proceeding. Respondents argue that this type of evidence is relevant and that the Administrative Law Judge erred in excluding it from consideration.
Respondents cite three cases which they claim support their position.
However, the cited cases relate to tort actions involving personal injury claims and have no apparent relevance to the issues raised in this proceeding. In any event, it would not be a defense to the allegations of the Complaint that others, regardless of who they are, use false representations to induce the purchase of their product. Since the advertising representations of others do not serve as a defense to the allega- tions of the Complaint, they are not relevant to the issues in this proceeding which relate to whether Respondents' solicitations make the representations alleged in the Complaint and whether those representations are materially false. Therefore, the Administra- tive Law Judge's ruling was proper. Enumeration of Error No. 5 5.