Amy Ralph Mudge

She | Her | Hers

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, has successfully counseled major advertisers through bet-the-company enforcement investigations and competitor challenges for over 20 years. She is a Band One Chambers USA-ranked advertising regulatory lawyer, and a respected thought leader in the advertising law field.

Amy 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 and breadth of her practice.

A comprehensive counsel, Amy is also skilled at establishing effective compliance programs, as well as providing antitrust and marketing law training. Her work includes counseling in all manner of endorsements, including native advertising, influencers, consumer reviews and review websites; advertising of NFTs, loyalty programs; e-commerce website and app design; social media marketing; marketing to children; Made in USA, health claim substantiation and other claim support requiring competent and reliable scientific evidence; comparative advertising; pricing claims; sweepstakes/promotions; sponsorship, agency and influencer agreements.

Select Experience

Federal Trade Commission (FTC) Matters
  • Represented digital media company in ground-breaking FTC influencer investigation that was closed with no action, and represented numerous influencers before the FTC.
National Advertising Division (NAD) Matters
  • Represented OTC drug manufacturer in case challenging claims made by new market entrant that its products were safer and more effective, including SWIFT challenge.
State Attorneys General Matters
  • Represented national restaurant chain in state attorney general investigation into use of coupons. Resolved with no action.
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.
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.

More »

Experience

Federal Trade Commission (FTC) Matters
  • Represented digital media company in ground-breaking FTC influencer investigation that was closed with no action, and represented numerous influencers before the FTC.
  • Represented consumer review B2B platform on Spotify in investigation of solicitation and moderation of consumer reviews, closed with no action.
  • Represented companies in FTC investigations following ransomware attacks and/or data breach.
  • Represented health services company in investigation involving solicitation of consumer reviews and sales pricing.
  • Participated in FTC’s Native Advertising Workshop as invited speaker.
  • Represented leading footwear retailer in Mail Order Rule investigation.
  • Represented credit monitoring company in one of the first FTC investigations involving continuity programs and ROSCA.
  • Represented alarm company in Consumer Review Fairness Act (CRFA) investigation, closed with no action.
  • Represented rental car company in FTC pricing investigation.
  • Represented dietary supplement and weight loss companies in FTC investigations.
  • Represented leading retailer in FTC investigation relating to “green” claims.
  • Represented numerous companies before the FTC regarding “Made in USA” claims.
  • Represented leading retailer in investigation regarding Textile & Wool Labeling Act and bamboo fabric
  • 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.
National Advertising Division (NAD) Matters
  • Represented OTC drug manufacturer in case challenging claims made by new market entrant that its products were safer and more effective, including SWIFT challenge.
  • Represented cosmetic manufacturer in multiple cases by competitor including challenges to #1 pharmacist recommended, efficacy claims and “clinically proven” claims.
  • Represented air purifier manufacturer in competitive challenge over comparative efficacy claims.
  • Represented cosmetic company in first-filed SWIFT challenge.
  • Represented major food manufacturer in multiple 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.
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.
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

  • Law360: Consumer Protection Editorial Board (2021)
  • Chambers USA: Nationwide Advertising: Transactional & Regulatory, Nationwide (2014 to 2021)
    • Band 1 (2018 to 2021)
  • The Legal 500 United States (2012 to 2021)
    • Leading Lawyer in Media, Technology and Telecoms - Advertising and marketing: Transactional & Regulatory
  • Washington, D.C., "Super Lawyer" (2016 to 2021)
  • The Best Lawyers in America® (2015 to Present)
    • Washington, D.C.: Advertising Law
  • Best Lawyers Business Edition: Women in Law (2017)
    • Advertising Law

Memberships

  • Chambers Global Practice Guide on Advertising & Marketing 2020: Co-Author, U.S. Chapter on Advertising Law
  • American Bar Association, Antitrust Section
    • Consumer Protection Law Developments, Federal Edition: Editor (2021 to present)
    • 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

Admissions

  • District of Columbia

Education

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

Blog

In The Blogs

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AD-ttorneys Law Blog
Why Settle for Taco Tuesday When You Can Have Recurring Tacos – But Is Your Subscription Compliance Program Soft?
By John P. Ferry, Amy Ralph Mudge
January 11, 2022
Subscription marketing is on the rise with some predicting the subscription industry will more than double by 2025. This prediction is fueled partly by the pandemic, no doubt linked to people seeking more streaming services to fill our...
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AD-ttorneys Law Blog
Bolstering Your Social Media Controls? We'll Drink to That.
By Amy Ralph Mudge
January 6, 2022
My smart colleague Daniel posted a terrific new year’s resolution blog yesterday. I have one more thing to add. Many of us at some point have had to make an apology or two for comments made when we may have been, er, overserved. Andy Cohen...
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AD-ttorneys Law Blog
Auld Lang Syne 2021 – Significant Events of the Past Year
By Linda A. Goldstein, Daniel Kaufman, Amy Ralph Mudge, Randal M. Shaheen
January 4, 2022
Another year has come and gone. There are many things one could reflect on, but this blog is about advertising and marketing law, so we’ll stick to that. To say it was an eventful year would be an understatement. So we asked four of our...
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AD-ttorneys Law Blog
Dreaming of Ads for Sugarplums
By Amy Ralph Mudge
December 23, 2021
Leading into the long holiday weekend, we on the BakerHostetler Advertising, Marketing & Digital Media team have lots to be thankful for. Our newest partner, Daniel, has really helped remind us how much we enjoy blogging. As we are pushing...
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AD-ttorneys Law Blog
And Just Like That: We Might Not Need Ad Lawyers at All
By Amy Ralph Mudge
December 14, 2021
Spoiler alerts: If you have not yet started the “Sex and the City” update “And Just Like That,” you may want to bypass this blog. Don’t worry, my colleagues Randy Shaheen and Daniel Kaufman will be posting about Made in USA and the mail...
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