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Administrative Law Keyed to Cass
Association of National Advertisers, Inc. v. Federal Trade Commission
Citation:
627 F.2d 1151 (1979), 447 U.S. 921 (1980)Facts
The Federal Trade Commission initiated rulemaking proceedings to address concerns about advertising directed at children, particularly regarding the potential for such advertising to be unfair or deceptive. The Association of National Advertisers, representing companies with significant interests in advertising to children, challenged the FTC’s authority to promulgate such rules. The plaintiffs argued that the FTC exceeded its statutory authority and that the proposed rules were arbitrary and capricious. The case raised fundamental questions about the scope of administrative agency power and the appropriate limits on agency rulemaking in areas affecting commercial speech and business practices.
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