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Administrative Law Keyed to Breyer
Association of National Advertisers, Inc. v. Federal Trade Commission
Citation:
627 F.2d 1151 (1979), 447 U.S. 921 (1980)Facts
In 1978, the Federal Trade Commission initiated a rulemaking proceeding to consider regulations on television advertising directed at children. Before and during the initial stages of the proceeding, FTC Chairman Michael Pertschuk made several public statements expressing his views about children’s advertising, including characterizing it as “unfair” and suggesting it manipulated children. The Association of National Advertisers and other trade groups filed suit seeking Pertschuk’s disqualification from the rulemaking proceeding, arguing his statements demonstrated prejudgment of factual issues. The district court agreed and disqualified Pertschuk, but the FTC appealed, arguing that the standards for disqualification in adjudicatory proceedings should not apply to rulemaking.
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