This section contains the nature of the case and procedural background.

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 Cinderella standard and disqualified the Commissioner. The FTC appealed.

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