National Petroleum Refiners Assn. v. Federal Trade Commission
United States Court of Appeals for the District of Columbia
482 F.2d 672 (1973)
Relevant factsFree
The FTC (defendant) proposed a substantive Trade Regulation Rule declaring that failure to post octane ratings on gas pumps was an unfair method of competition; trade associations and gasoline refiners (plaintiffs) sued, arguing that because Section 5 of the FTC's authorizing statute described enforcement only through adjudicative complaints and cease-and-desist orders, the agency lacked authority to instead promulgate binding substantive rules, and the district court agreed before the FTC appealed.
IssueFree
Whether the FTC has rulemaking authority even though its authorizing statute's enforcement provision describes only adjudicative procedures.