There are several flaws in that argument. Counsel represented that one version had been discontinued and the other substituted for it after the proceeding had commenced. The only evidence to support that representation is that one of the booklets in evidence had been mailed and received before the complaint was filed and the other after. There is no evidence, however, that Respondent has exhausted the supply of CX-7, or has disposed of any remaining copies and may not resume mailing them even if it is not doing so now. In any event, the complaint does not charge Respondent with respect to any particular version of a booklet.
None is mentioned in the complaint.
Accordingly, the Chief Administrative Law Judge properly considered both exhibits in rendering the Initial Decision. Respondent continues to be engaged in the activities which are the subject of the complaint. The other portion of Argument V in effect takes exception to each of the specific findings in the Initial Decision adverse to Respondent. The findings are clear and are amply supported by the record. The appeal brief introduces no matter not considered in the Initial Decision and appropriately determined.