FTC arguments rejected Summarizing the FTC's arguments, judges said the agency contended that US law "did not require the Commission to conduct the preliminary regulatory analysis later in the rulemaking process," and that "any alleged error was harmless because the NPRM addressed alternatives to the proposed amendments to the 1973 [Negative Option] Rule and analyzed record-keeping and compliance costs." Judges disagreed with the FTC, writing that "the statutory language, 'shall issue,' mandates...