CALIFORNIA DENTAL ASSOCIATION – Appellant
Versus
FEDERAL TRADE COMMISSION, (1999) – Respondent
Petitioner California Dental Association (CDA), a nonprofit association of local dental societies to which about three-quarters of the States dentists belong, provides desirable insurance and preferential financing arrangements for its members, and engages in lobbying, litigation, marketing, and public relations for members benefit. Members agree to abide by the CDAs Code of Ethics, which, inter alia, prohibits false or misleading advertising. The CDA has issued interpretive advisory opinions and guidelines relating to advertising. Respondent Federal Trade Commission brought a complaint, alleging that the CDA violated §5 of the Federal Trade Commission Act (Act), 15 U. S. C. §45, in applying its guidelines so as to restrict two types of truthful, nondeceptive advertising: price advertising, particularly discounted fees, and advertising relating to the quality of dental services. An Administrative Law Judge (ALJ) held the Commission to have jurisdiction over the CDA and found a §5 violation. As relevant here,
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