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Am Law 100 firm with practices in Business, Digital Assets and Data Management, Intellectual Property, Labor & Employment, Litigation and Tax.

Home | BakerHostetler

Trump 2.0 – What To Expect In Antitrust Enforcement

BakerHostetler Recognized by Diversity & Flexibility Alliance for ‘Tipping the Scales’

Webinar: The Impact of the New Presidency and Congress on the Financial Services Industry

Barbara Linney Speaks at WorldECR Export Controls and Sanctions Forum 2024

<p class="BHBodyText">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 counsels reflects the strength and breadth of her practice.</p>
<p class="BHBodyText">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,&nbsp;influencers, consumer reviews and review websites; the emerging use of AI in advertising; the advertising of NFTs; loyalty programs; e-commerce website and app design, including avoiding dark patterns; subscription marketing; social media marketing; green marketing and environmental, social and governance (ESG) commitments; marketing to children; “Made in USA,” health claim substantiation and other claim support requiring competent and reliable scientific evidence; comparative advertising; pricing claims; and email and text message marketing.</p>

core/freeform

J.D., Cornell University Law School, 

B.A., Smith College

<ul>
<li>Chambers USA
<ul>
<li>Advertising: Transactional and Regulatory, Nationwide (2014 to 2024)
<ul>
<li>Band 1 (2018 to 2024)</li>
</ul>
</li>
<li>Advertising: NAD Proceedings, Nationwide (2022 to 2024)
<ul>
<li>Band 1 (2022 to 2024)</li>
</ul>
</li>
</ul>
</li>
<li>The Legal 500 United States
<ul>
<li>Leading Lawyer in Media, Technology and Telecoms: Advertising and Marketing: Transactional and Regulatory (2012 to 2024)</li>
</ul>
</li>
<li>Washington, D.C., &#8220;Super Lawyer&#8221; (2016 to 2024)
<ul>
<li>Washington, D.C., Top 50 Women Super Lawyers (2022)</li>
</ul>
</li>
<li><em>The Best Lawyers in America®</em>
<ul>
<li>Washington, D.C.: Advertising Law (2015 to 2025)</li>
<li><em>Best Lawyers® Business Edition</em>: Women in the Law (2017)
<ul>
<li>Advertising Law</li>
</ul>
</li>
</ul>
</li>
</ul>


Washington, D.C.

ADventures in Law

What Does the Election Mean for the FTC?

BakerHostetler DADM and Litigation Group Members Present at ANA Masters of Advertising Law Conference

AD Nauseam

AD Nauseam: Food, Glorious Food!

Amy Ralph Mudge, Sarah La Voi Take Part in Panel at Retail Industry Leaders Association Retail Law Conference

AD Nauseam: Email Marketing and the FTC: CAN-SPAM No Longer Canned

Amy Mudge Presents on Panel at BBB National Program 2024 NAD Annual Conference

Data Security, Commercial Email and Employee Reviews Walk into a Bar …

2024 ADventures in Law CLE Webinar Series: A Closer Look at the FTC’s Final Rule on Consumer Reviews and Endorsements

AD Nauseam: We Give This Podcast 5 Stars – A Closer Look at the FTC Rule on Consumer Reviews and Testimonials

AD Nauseam: To Defer or Not to Defer: Courts and the FTC after Loper Bright

When Can the FTC Get $50,000 for a Consumer Review Snafu? Key Things to Know about the Rule on the Use of Consumer Reviews and Testimonials

AD Nauseam: The AD Legend Series – Featuring Mary Engle

The Great British Infant Formula? Or Does the Made in USA Standard Apply to European Imports?

Amy Mudge Speaks on Virtual Panel for ACI’s Food Law and Regulation Boot Camp

AD Nauseam: Product Demonstrations: Does It Really Work That Way?

2024 ADventures in Law CLE Webinar Series: Is it a Claim or is it Puffery?

AD Nauseam: Movie Pass – I Am Big. It’s the Pictures that Got Small.

BakerHostetler attorneys, practice areas stand out in The Legal 500 annual guide

Chambers USA Guide 2024 Recognizes 155 BakerHostetler Attorneys and ­66 Practice Areas

Happy Pride Month – Representation in Media and Advertising Matters

A Star Is Born

They Thought it Wouldn’t Last – A One Year AD Nauseam Anniversary

Matching Your Demo to Your Real-Life Testing Proves to Be a Rough Workout at NAD

To NAD or Not to NAD: How Being a Challenger in a Self-Regulatory Dispute May Land You in Federal Court

AD Nauseam: Native New Yorkers and Native Advertising

Webinar: The Privacy Strategist – The Children’s Data Life Cycle

AD Nauseam: A Different Type of Imposter Syndrome

Can Your Trademark Be False Advertising?

AD Nauseam: The Best Podcast (Fact or Puffery?)

When #Ad Just Won’t Cut It

AD Nauseam: AI – We Had to Discuss it Eventually – Part 2

C&D or Straight to NAD? Some Thoughts on How to Weigh the Decision

Webinar: 2024 Advertising CLE Showcase: Influencers, Testimonials, Consumer Reviews and Sponsored Content in Advertising

NAD Drills Down on Made in USA Claims

AD Nauseam: AI – We Had to Discuss it Eventually – Part 1

Drink It In: NAD Showers Us with Another ‘Best’ Claim Case

Amy Mudge Offers Solutions to Challenges in New Advertising Era at Advertising Claims Forum

AD Nauseam: NAD and Why Can’t We Be Friends

A Meaty New Puffery Case to Sink Your Teeth Into

Supporting “We’re Number One” — NAD Clarifies the Rules for Number One Claims 

AD-ttorneys@law – January 31, 2024

What do you Meme I can Reduce my Risks of Re-Posting Trending Content on my Brand Site?

AD Nauseam – Children, They are Indeed Our Future – COPPA Developments

Amy Mudge Educates Attendees on Deceptive Marketing Practice at Advertising and Marketing Law Conference

AD Nauseam: Testimonials and Endorsements – How Many Disclosures is Too Many

And now, for the Grand Reveal, ADventures in Law!

AD-ttorneys@law – December 21, 2023

Blockchain Monitor

Non-Fungible Tokens (NFTs): Overview

Amy Mudge Examines FTC’s New Advertising Guidance During PLI Presentation

AD Nauseam: Looking in the Crystal Ball: AD Nauseum Predictions and Resolutions for 2024

2024 Advertising CLE Webinar Showcase

Amy Ralph Mudge Addresses Junk Fees, Drip Pricing at ABA Event

Amy Mudge, Carolina Alonso and Tucker Sarchio Explore Children’s Online Privacy Protection Act

AD Nauseam: Cabbage Soup v. Keto Diet: The Evolving FTC and NAD Approach to Post-Holiday Weight Loss Claims

AD-ttorneys@law – December 4, 2023

2023 Advertising CLE Webinar Showcase

Graphic image with Transparency, Requirements, Law, Audit, Regulations, Terms, and Compliance written in hexagon shaped boxes

No Silver Bullet: The FTC’s Staff Report on Kids’ Digital Marketing Workshop

AD-ttorneys@law – November 10, 2023

AD Nauseam: Junk Fees Will Keep Us Together

Multiple partners address Association of National Advertisers annual conference

AD-ttorneys@law – October 20, 2023

AD Nauseam: What is This Unfairness Thing You Keep Talking About?

AD-ttorneys@law – October 6, 2023

AD-ttorneys@law – September 26, 2023

AD Nauseam: A Very Special AD Nauseam – Back to School

Grab Your Pumpkin Spice Latte – it’s Time for the Class Action Defense 2023 Fall Review Webinar!

AD Nauseam: It’s Always Sunny in Philadelphia for the NAD Conference

AD-ttorneys@law – August 25, 2023

AD Nauseam: The FTC’s Updated Endorsement Guides: Get into the Groove

Health Law Update

Transforming Cosmetics Regulation: FDA’s Mandatory Compliance Shift for Safer Beauty

AD-ttorneys@law – August 14, 2023

AD Nauseam: What Do CBD and the Inform Act Have in Common?

AD-ttorneys@law – July 27, 2023

AD Nauseam: Lifestyles of the Rich, the Famous and the Celebrity Influencers – an FTC Perspective

AD Nauseam: Online Reviews

BakerHostetler Receives Partnership Award from Direct Selling Association

AD-ttorneys@law – June 16, 2023

BakerHostetler Attorneys and Practice Areas Recognized in The Legal 500 2023 Guide

AD Nauseam: Claims that Products are Made in the USA

Compliance concept with icons, virtual screen, businessman touching button

It’s Complicated, but We’re Still Wishing a Happy Pride Month to Everyone

Chambers USA Guide 2023 Honors 147 BakerHostetler Attorneys and Recognizes 64 Practice Areas

AD-ttorneys@law – June 1, 2023

AD-ttorneys@law – May 23, 2023

AD Nauseam: A Deep Dive into the Updated FTC Health Guidance, Part 3

AD Nauseam: A Deep Dive into the Updated FTC Health Guidance, Part 2

AD-ttorneys@law – April 20, 2023

AD Nauseam: A Deep Dive into the Updated FTC Health Guidance, Part 1

FTC Reverts to Penalty Letters, Threatening 670 Companies with Penalties for Unsubstantiated Health Claims and Maybe More

Compliant Consumer Review Practices

AD-ttorneys@law – April 10, 2023

AD Nauseam: Dark Patterns

Amy Mudge and Randal Shaheen Author Practice Note on Dark Patterns

AD Nauseam: The FTC’s Review of the Green Guides and Things to Consider with Sustainability Promises

AD-ttorneys@law – March 23, 2023

FDA Launches New Directory of Ingredients Used in Products Marketed as Dietary Supplements

AD-ttorneys@law – March 9, 2023

NAD Whitening Strips Case Illuminates How NAD May Incorporate New FTC Health Claims Guidance

The Year of the Green – Upcoming FTC Workshop on Recyclable Claims

The Podcast You Didn’t Know You Were Missing – AD Nauseam

AD Nauseam: Testimonials: Commentary and Insights on Recent FTC and NAD Cases

Class Action Defense

Digital Assets and Data Management

Antitrust and Competition

Industries

Financial Services: Regulatory and Compliance

Financial Services: Litigation

Financial Services: Technology

Advertising, Marketing and Digital Media

Privacy and Digital Risk Class Action and Litigation

Media and Telecommunications

Retail

Interactive Entertainment and Videogames

State Attorney General Enforcement, Investigations and Litigation

Catastrophic Accident Response

Multidistrict Litigation

<h5>Federal Trade Commission (FTC) Matters</h5>
<ul>
<li>Represented digital media company in groundbreaking first FTC influencer investigation, which was closed with no action, and represented numerous influencers, brands using influencers and a trade association using influencers before the FTC.</li>
<li>Represented health services provider in investigation of sales pricing practices; favorably settled.</li>
<li>Represented consumer review business-to-business platform on Shopify in investigation of solicitation and moderation of consumer reviews; closed with no action.</li>
<li>Represented health services company in investigation involving solicitation of consumer reviews and sales pricing.</li>
<li>Participated in FTC’s Native Advertising Workshop as invited speaker.</li>
<li>Represented credit monitoring company in one of the first FTC investigations involving continuity programs and ROSCA.</li>
<li>Represented alarm company in Consumer Review Fairness Act (CRFA) investigation; closed with no action.</li>
<li>Represented rental car company in FTC pricing investigation.</li>
<li>Represented multiple dietary supplement and weight loss companies in FTC investigations.</li>
<li>Represented leading retailer in FTC investigation relating to green marketing claims.</li>
<li>Represented numerous companies before the FTC regarding “Made in USA” claims.</li>
<li>Represented leading retailer in investigation regarding Textile &amp; Wool Labeling Act and bamboo fabric.</li>
<li>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.</li>
<li>Represented major retailer in FTC inquiry into marketing of consumer products warranties online; closed with no action.</li>
<li>Represented major gaming app in FTC inquiry into compliance with COPPA; terminated with no action.</li>
<li>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.</li>
</ul>
<h5>National Advertising Division (NAD) Matters</h5>
<ul>
<li>Represented over-the-counter drug manufacturer challenging efficacy and natural claims made by competitor; currently on appeal by advertiser.</li>
<li>Represented beer manufacturer in SWIFT challenge to taste claims made by competitor; win upheld on appeal.</li>
<li>Represented trade association in monitoring challenge to recyclability and green investment claims.</li>
<li>Represented company providing seal-of-approval program to beef and pork marketers in challenge by animal advocacy group in which NAD found all challenged claims substantiated.</li>
<li>Represented search engine company in monitoring challenge to claims of privacy protection.</li>
<li>Represented over-the-counter drug manufacturer successfully in case challenging claims made by new market entrant that its products were safer and more effective, including SWIFT challenge and appeal.</li>
</ul>
<h5>State Attorneys General Matters</h5>
<ul>
<li>Represented national restaurant chain in state attorney general investigation into use of coupons. Resolved with no action.</li>
<li>Represented national retail chain in state attorney general investigation into exclusions and disclosures with coupons and other sales. Closed with no action.</li>
<li>Represented major retail chain in state attorney general investigation into promotion of toy guns. Favorably settled.</li>
<li>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.</li>
<li>Represented major consumer products company in state attorney general investigation into promotion of certain foods as healthy.</li>
<li>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.</li>
<li>Represented multiple retailers in in-state investigations into use of sales pricing and compare at savings claims. Closed with no action or favorably settled.</li>
<li>Represented cosmetics manufacturer in multiple cases by competitor including challenges to “No. 1 pharmacist recommended” efficacy claims and “clinically proven” claims.</li>
<li>Represented air purifier manufacturer in competitive challenge over comparative efficacy claims.</li>
<li>Represented cosmetics company in first-filed SWIFT challenge.</li>
<li>Represented major food manufacturer in multiple challenges to claims made by competing condiment manufacturer; NAD recommended discontinuing all challenged claims, including finding claims were falsely disparaging.</li>
<li>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.</li>
<li>Represented major food manufacturer against competitor challenge that its products contained artificial ingredients; NAD found the claims supported.</li>
<li>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.</li>
<li>Represented major vacuum manufacturer in a series of cases establishing NAD’s current views of use of online reviews in advertising.</li>
<li>Represented major wireless company in first-of-its-kind NAD action regarding use of crowd-sourced data as substantiation.</li>
<li>Represented content widget manufacturer in competitor compliance challenge to NAD native advertising decision; resolved with no adverse recommendation.</li>
<li>Represented major health product manufacturer in challenge to competing insole manufacturer’s claims; resulted in NAD decision recommending termination of all challenged claims.</li>
<li>Represented major children’s toy manufacturer in challenge to company regarding unsubstantiated learning-to-read claims; NAD recommended all challenged claims be discontinued.</li>
<li>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.</li>
<li>Represented small automotive additive company in challenge by dominant manufacturer regarding product performance claims; NAD found challenged claims were substantiated.</li>
</ul>
<h5>State Attorneys General Matters</h5>
<ul>
<li>Represented national restaurant chain in state attorney general investigation into use of coupons; resolved with no action.</li>
<li>Represented national retail chain in state attorney general investigation into exclusions and disclosures with coupons and other sales; closed with no action.</li>
<li>Represented major retail chain in state attorney general investigation into promotion of toy guns; favorably settled.</li>
<li>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.</li>
<li>Represented major consumer products company in state attorney general investigation into promotion of certain foods as healthy.</li>
<li>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.</li>
<li>Represented multiple retailers in state investigations into use of sales pricing and compare-at-savings claims; closed with no action or favorably settled.</li>
</ul>
<h5>Children&#8217;s Advertising Review Unit (CARU) Matters</h5>
<ul>
<li>Represented gaming platform in investigation related to in-game advertising disclosures and use of influencers.</li>
<li>Represented children’s television broadcaster in multiple CARU challenges alleging blurring between children’s programming and advertising; all closed with no recommended changes.</li>
<li>Represented child influencer in precedent-setting CARU action.</li>
<li>Represented major food company in CARU action regarding depiction of foods in appropriate eating occasion; closed with no action.</li>
<li>Represented major food company in CARU action regarding fruit snacks marketing.</li>
</ul>
<h5>Antitrust and Class Action Matters</h5>
<ul>
<li>Advise numerous companies on Minimal Advertised Pricing (MAP) policies and other vertical distribution restraints.</li>
<li>Advise numerous companies on price discrimination risks under the Robinson Patman Act.</li>
<li>Represented major pharmaceutical company in monopolization class actions asserting that patent infringement actions were shams designed to keep generic competitors off the market; defeated indirect purchaser class certification.</li>
<li>Represented major cigarette manufacturer in monopolization challenge alleging that shelf space category management program improperly excluded competitors; defeated on summary judgment.</li>
<li>Defended major sports association in several state attorney general investigations; closed with no enforcement.</li>
<li>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.</li>
<li>Represented Fair Labor Association, providing counseling to organization and its members dedicated to eliminating sweatshop conditions in the apparel and footwear industry.</li>
</ul>


Amy Ralph Mudge

Amy Ralph Mudge

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