ASSOCIATION OF NATIONAL ADVERTISERS V. FTC
627 F.2d 1151 (D.C. Cir. 1979), cert. denied, 447 U.S. 921 (1980)
NATURE OF THE CASE: This was a dispute over advertising of products containing sugar to children. Federal Trade Commission (D), sought review of order which disqualified D's chairman from a rulemaking proceeding under 15 U.S.C.S. 57a (1976) because of speech made prior to proceeding.
FACTS: The Chairman of the FTC made known to the public his dislike of advertising of products that contained sugar to children on children's TV shows. In April 1978, the commission issued a notice of proposed rulemaking regarding this issue and various organizations moved immediately to have the Chairman disqualify himself from that review. Ps then sued the FTC to disqualify the Commissioner. The district court agreed applying the Cinderalla standard and disqualified the Commissioner. The FTC appealed.
ISSUE:
RULE OF LAW:
HOLDING AND
DECISION:
LEGAL ANALYSIS:
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