Amy Ralph Mudge

Partner

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

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 judgement.
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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 judgement.
  • 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 2019)
    • Band 1 (2014 to 2019)
  • The Legal 500 United States (2012 to 2018)
    • Advertising and Marketing
    • "Leading Lawyer" (2018)
  • Washington, D.C., "Super Lawyer" (2016 to 2019)
  • The Best Lawyers in America (2015 to 2019)
    • Advertising Law
    • Washington, D.C.: "Best Attorneys" (2015)
  • Best Lawyers Business Edition: Women in Law (2017)
    • Advertising Law
  • Benjamin R. Civiletti Pro Bono Lawyer of the Year (2016)

Memberships

  • 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)

Publications

Alerts

Articles

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
FTC MUSA Remedy Wars Continue
By Amy Ralph Mudge, Randal M. Shaheen
May 17, 2019
We recently wrote about the Federal Trade Commission’s (FTC’s) recent approval of a pair of Made in USA (MUSA) settlements. It is also worth noting that the approvals drew a statement and a dissent from the Commission’s Democrats and a...
Read More ->
AD-ttorneys Law Blog
20 Years Young: The Maturing of COPPA in a Privacy-Conscious Age
By Carolina A. Alonso, Taylor A. Bloom, Alan L. Friel, Amy Ralph Mudge
April 30, 2019
We cover children’s privacy and advertising weekly. However, in light of COPPA’s recent 20th anniversary, and in the wake of CARU’s biggest-yet West Coast CARU conference, ADLaw has enlisted CARU super lawyer Katie Goldstein* to help us...
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AD-ttorneys Law Blog
The Rise and Fall of Statistical Significance
By Amy Ralph Mudge, Randal M. Shaheen
April 29, 2019
Dealing with clinical studies can be one of the more challenging aspects of being an advertising/marketing lawyer, particularly if you are one of many lawyers who took the political science/econ route to law school. However, there’s one...
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AD-ttorneys Law Blog
COPPA Safe Harbor Hit by Storm
By Amy Ralph Mudge, Randal M. Shaheen
April 17, 2019
Administrations come and administrations go, but the FTC and self-regulation have had a long-running love affair. But can there be too much of a good thing? The FTC has long been an enthusiastic cheerleader and active supporter of...
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AD-ttorneys Law Blog
What's In the Box? FTC Solicits Public Comments Regarding Video Game Loot Boxes Amidst Uncertainty
By Carolina A. Alonso, Melinda L. McLellan, Amy Ralph Mudge
April 9, 2019
Imagine you are playing golf, badly, and at the fourth hole a caddy appears out of nowhere with a large box and an offer. In exchange for $20, you can open the box, which may contain high-tech clubs to improve your game, fashionable new...
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