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ASSOCIATION OF NAT. ADVERTISERS v. F. T. C.

Nos. 79-1030 to 79-1033.

617 F.2d 611 (1979)

ASSOCIATION OF NATIONAL ADVERTISERS, INC., Appellant, v. FEDERAL TRADE COMMISSION et al. KELLOGG COMPANY, a corporation, Appellant, v. FEDERAL TRADE COMMISSION et al. CHOCOLATE MANUFACTURERS ASSOCIATION OF the UNITED STATES OF AMERICA, INC., Appellant, v. FEDERAL TRADE COMMISSION. TOY MANUFACTURERS OF AMERICA, INC., Appellant, v. FEDERAL TRADE COMMISSION et al.

United States Court of Appeals, District of Columbia Circuit.

Decided October 2, 1979.

Attorney(s) appearing for the Case

Gilbert H. Weil, New York City, with whom Stephen A. Weitzman, Washington, D.C., was on brief, for appellants in No. 79-1030.

James H. Wallace, Jr., Washington, D. C., for appellant in No. 79-1032.

Frederick P. Furth, San Francisco, Cal., a member of the bar of the Supreme Court, pro hac vice, by special leave of court, with whom Samuel H. Seymour and Earl C. Dudley, Jr., Washington, D. C., were on brief, for appellant in No. 79-1031.

Richard Gimer, Washington, D. C., was on brief, for appellant in No. 79-1033.

Gerald P. Norton, Deputy Gen. Counsel, F. T. C., Washington, D. C., with whom Michael N. Sohn, Gen. Counsel, David M. Fitzgerald, Atty., F. T. C., Barbara Allen Babcock, Asst. Atty. Gen., Dept. of Justice, Earl J. Silbert, U. S. Atty., Robert E. Kopp and Neil H. Koslowe, Attys., Dept. of Justice, Washington, D. C., were on brief, for appellees.

Before WRIGHT, Chief Judge, and MacKINNON and WILKEY, Circuit Judges.

Opinion for the Court filed by Circuit Judge MacKINNON.

Concurring opinion filed by Chief Judge J. SKELLY WRIGHT.

MacKINNON, Circuit Judge:

Acting on what might be mildly described as a provocative staff report, the Federal Trade Commission decided in April 1978 to initiate hearings on a proposed rule to circumscribe the content of television advertising that is seen by or directed at children. The Commission published in the Federal

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