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The working titles for this film were Cheating, Infidelity, Turn About and Her Husband's Mistress, the latter being the title of an original, unpublished and uncopyrighted story written by Gene Towne, to which Fox purchased the motion picture rights. In March 1931, the Hays Office rejected the registration of the title Infidelity. In a letter in the MPAA/PCA Collection at the AMPAS Library, dated August 28, 1931, Jason S. Joy, Director of the Studio Relations Committee of the AMPP, worried about an aspect of the story: "...we believe that the public is ready to condone the double standard in a man provided it is established that he recognizes his mistake and is man enough to admit it, whereas they would never really condone the same action in a woman....If the story is handled as [associate producer] Mr. [William] Goetz now intends the resulting picture will be one which uses unconventional incidents without any real solution of the problem of infidelity, rather than a picture in which the same unconventional incidents are used as a justifiable part of a story with a moral lift to it." After viewing the film, Fred W. Beetson, Executive Vice-President, AMPP, suggested that the studio eliminate, "The shot of the colored woman sitting at a table in the cabaret, at which all the others we see are white." He went on to explain, "Southern people in particular are apt to resent such a shot." In October 1935, the PCA requested that Twentieth Century-Fox withdraw their application for certification for this film. Motion Picture Herald erroneously credits Betty Allen with the role of "Fay," while all other sources credit Joyce Compton.