Amy Ralph Mudge

Partner

Washington, D.C.
T +1.202.861.1519
F +1.202.861.1783

"[Amy] is absolutely fantastic. She is practical and gives very good common-sense guidance."

— Chambers USA 2020

Overview

Amy Ralph Mudge, co-leader of BakerHostetler’s Advertising, Marketing and Digital Media team, is a Chambers USA-ranked regulatory lawyer. She routinely represents top-tier companies before the Federal Trade Commission (FTC), the National Advertising Division (NAD) and the Children’s Advertising Review Unit (CARU), as well as in private, federal and state class action defense, consumer protection and antitrust litigation. From the nation’s best-known food brands, major toy manufacturers, and health and wellness names, to digital media influencers, cutting-edge internet companies and consumer products giants, the range of industries in which Amy works reflects the strength of her leadership.

A comprehensive counsel, Amy is also skilled at establishing effective compliance programs, as well as providing antitrust and marketing law training.

Select Experience

Federal Trade Commission (FTC) Matters
  • Represented media company in ground-breaking FTC influencer investigation, and represented numerous influencers before the FTC.
  • Represented debt settlement company in one of the first FTC investigations involving continuity programs and ROSCA.
State Attorneys General Matters
  • Represented national restaurant chain in state attorney general investigation into use of coupons. Resolved with no action.
  • Represented national retail chain in state attorney general investigation into exclusions and disclosures with coupons and other sales. Closed with no action.
National Advertising Division (NAD) Matters
  • Represented major food manufacturer in two challenges to claims made by competing condiment manufacturer. The NAD recommended discontinuing all challenged claims, including finding claims were falsely disparaging.
  • Represented major robot vacuum manufacturer in multiple challenges to competing claims that its products included HEPA filters and offered superior floor cleaning. NAD recommended discontinuing all challenged claims.
Children's Advertising Review Unit (CARU) Matters
  • Represented children's television broadcaster in multiple CARU challenges alleging blurring between children’s programming and advertising. All closed with no recommended changes.
  • Represented child influencer in precedent-setting CARU action.
Antitrust and Class Action Matters
  • Represented major pharmaceutical company in monopolization class actions asserting that patent infringement actions were shams designed to keep generic competitors off of the market. Defeated indirect purchaser class certification.
  • Represented major cigarette manufacturer in monopolization challenge alleging that shelf space category management program improperly excluded competitors. Defeated on summary judgment.
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Experience

Federal Trade Commission (FTC) Matters
  • Represented media company in ground-breaking FTC influencer investigation, and represented numerous influencers before the FTC.
  • Represented debt settlement company in one of the first FTC investigations involving continuity programs and ROSCA.
  • Represented rental car company in FTC pricing investigation.
  • Represented dietary supplement and weight loss company in FTC investigation.
  • Represented leading retailer in FTC investigation relating to "green" claims.
  • Represented numerous companies before the FTC regarding "Made in USA" claims.
  • Represented multiple companies in FTC's "Operation Full Disclosure" sweep of notable advertising and use of clear and conspicuous disclosures in broadcast television ads. All resolved with no formal action.
  • Represented major retailer in FTC inquiry into marketing of consumer products warranties online. Closed with no action.
  • Represented major gaming app in FTC inquiry into compliance with COPPA. Terminated with no action.
  • Represented a number of companies and influencers receiving FTC educational and/or warning letters regarding disclosure of material connection on Instagram. Terminated with no action.
State Attorneys General Matters
  • Represented national restaurant chain in state attorney general investigation into use of coupons. Resolved with no action.
  • Represented national retail chain in state attorney general investigation into exclusions and disclosures with coupons and other sales. Closed with no action.
  • Represented major retail chain in state attorney general investigation into promotion of toy guns. Favorably settled.
  • Represented major retail chain in state attorney general investigations and local district attorney investigations into fuel savings programs. Closed with no action or favorably settled.
  • Represented major consumer products company in state attorney general investigation into promotion of certain foods as healthy.
  • Represented major consumer products companies in state attorney general and local district attorney investigations into alleged slack fill in packaging. Closed with no action or favorably settled.
  • Represented multiple retailer in-state investigations into use of sales pricing and compare at savings claims. Closed with no action or favorably settled.
National Advertising Division (NAD) Matters
  • Represented major food manufacturer in two challenges to claims made by competing condiment manufacturer. The NAD recommended discontinuing all challenged claims, including finding claims were falsely disparaging.
  • Represented major robot vacuum manufacturer in multiple challenges to competing claims that its products included HEPA filters and offered superior floor cleaning. NAD recommended discontinuing all challenged claims.
  • Represented major food manufacturer against competitor challenge that its products contained artificial ingredients. NAD found the claims supported.
  • Represented major wireless company in challenge brought by competitor involving use of claims with coverage maps. NAD upheld the use of such maps in print and store advertising.
  • Represented major vacuum manufacturer in a series of cases establishing NAD’s current views of use of online reviews in advertising.
  • Represented major wireless company in first of its kind NAD action regarding use of crowd-sourced data as substantiation.
  • Represented content widget manufacturer in competitor compliance challenge to NAD native advertising decision. Resolved with no adverse recommendation.
  • Represented major health product manufacturer in challenge to competing insole manufacturer’s claims, resulting in NAD decision recommending termination of all challenged claims.
  • Represented major children’s toy manufacturer in challenge to company regarding unsubstantiated learning to read claims. NAD recommended all challenged claims be discontinued.
  • Represented major children’s toy manufacturer in challenge to competing company’s claims regarding its learning laptop. NAD recommended that many of the challenged claims be discontinued.
  • Represented small automotive additive company in challenge by dominant manufacturer regarding product performance claims. NAD found challenged claims were substantiated.
Children's Advertising Review Unit (CARU) Matters
  • Represented children's television broadcaster in multiple CARU challenges alleging blurring between children’s programming and advertising. All closed with no recommended changes.
  • Represented child influencer in precedent-setting CARU action.
  • Represented major food company in CARU action regarding depiction of foods in appropriate eating occasion. Closed with no action.
  • Represented major food company in CARU action regarding fruit snacks marketing.
Antitrust and Class Action Matters
  • Represented major pharmaceutical company in monopolization class actions asserting that patent infringement actions were shams designed to keep generic competitors off of the market. Defeated indirect purchaser class certification.
  • Represented major cigarette manufacturer in monopolization challenge alleging that shelf space category management program improperly excluded competitors. Defeated on summary judgment.
  • Defended major sports association in several state attorney general investigations. Closed with no enforcement.
  • Represented privately held industrial glass manufacturer in price-fixing cases coordinating activities in multidistrict court action, as well as multiple state court cases. Resulted in favorable settlement.
  • Represented Fair Labor Association providing counseling to organization and its members dedicated to eliminating sweatshop conditions in the apparel and footwear industry.

Recognitions and Memberships

Recognitions

  • Chambers USA: Nationwide Advertising: Transactional & Regulatory, Nationwide (2014 to 2020)
    • Band 1 (2014 to 2020)
  • The Legal 500 United States (2012 to 2020)
    • Leading Lawyer in Media, Technology and Telecoms - Advertising and marketing: Transactional & Regulatory
  • Washington, D.C., "Super Lawyer" (2016 to 2020)
  • The Best Lawyers in America© (2015 to Present)
    • Washington, D.C.: Advertising Law
  • Best Lawyers Business Edition: Women in Law (2017)
    • Advertising Law
  • Benjamin R. Civiletti Pro Bono Lawyer of the Year (2016)

Memberships

  • Chambers Global Practice Guide on Advertising & Marketing 2020: Co-Author, U.S. Chapter on Advertising Law
  • American Bar Association, Antitrust Section
    • International Task Force (2015 to 2018)
    • Consumer Protection Committee: Chair (2013 to 2015)
    • Private Advertising Litigation Committee: Chair (2009 to 2013)
    • Health Care and Pharmaceuticals Committee: Vice-Chair (2008 to 2009)
  • Electronic Retailing Association, Government Affairs Committee: Chair (2013 to 2016)

News

News

Press Releases

Publications

Alerts

Articles

Videos

Blog Posts

Featured Video

NAD: 2019 Year in Review
Play Video

Hear about this year's most important NAD cases and trends.

Prior Positions

  • The Honorable Sam C. Pointer Jr., U.S. District Court, Northern District of Alabama: Law Clerk (1995 to 1996)

Admissions

  • District of Columbia

Education

  • J.D., Cornell University Law School, 1995, cum laude; Cornell Law Review, Book Review Editor
  • B.A., Smith College, 1990

Blog

In The Blogs

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AD-ttorneys Law Blog
Will FTC Penalties Under Section 5(m)(1)(B) Rise Again?
By Amy Ralph Mudge, Randal M. Shaheen
November 5, 2020
As we wait to see how the Supreme Court will rule on the FTC’s redress authority and whether the FTC will potentially be controlled by Republicans or Democrats for at least the next four years, it is worth noting that Commissioner Chopra...
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AD-ttorneys Law Blog
Beware of Dark Patterns
By Amy Ralph Mudge, Randal M. Shaheen
September 18, 2020
Yoda cautioned Luke Skywalker to beware of the Dark Side. In The Golden Compass, we were told to beware of dark materials. For those old enough to remember, the town of Collinsport was told to beware of Barnabas Collins, who lurked in Dark...
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AD-ttorneys Law Blog
NAD Clarifies Material Connection Disclosure Requirements for TikTok Videos Gone Viral
By Amy Ralph Mudge, Matthew S. Renick
September 14, 2020
If you learned a new dance routine, tie-dyed clothing, made whipped coffee or took part in a “challenge” while staying safely at home during the COVID-19 pandemic, you probably have TikTok to thank. TikTok, which has more than 800 million...
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AD-ttorneys Law Blog
FTC Case Against Rent to Own Company Airs Differences Over Redress, Individual Liability and ROSCA
By Amy Ralph Mudge, Randal M. Shaheen
April 25, 2020
The Rent to Own industry has been a frequent target of Federal Trade Commission (FTC or Commission) action. While the industry notes that it provides an ownership option for consumers who are unable to pay up front and who may not qualify...
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AD-ttorneys Law Blog
Commissioner Wilson Weighs In on FTC Priorities
By Amy Ralph Mudge, Randal M. Shaheen
April 9, 2020
We have blogged quite a bit about efforts by one or both of the Federal Trade Commission’s (FTC or Commission) Democratic commissioners to push the Commission into a more enforcement-minded posture and to think creatively and expansively...
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