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In a move that reshapes how the Department of Justice addresses consumer-related enforcement, DOJ announced earlier this year that it would disband its long-running Consumer Protection Branch by September 30, 2025.
Just days before that deadline, DOJ rolled out its replacement: the Civil Division's Enforcement & Affirmative Litigation Branch.
According to DOJ's September 25 press release, the new branch is "dedicated to safeguarding public health and safety through proactive enforcement and high-impact affirmative litigation." While much of the branch's work will cover familiar territory, the structure and stated priorities signal notable changes, as described below.
Two Sections, Two Roles
1. Enforcement Section
The Branch's "Enforcement Section" will absorb much of the Consumer Protection Branch's prior work, focusing on key consumer protection statutes, including:
- Controlled Substances Act (CSA)
- Federal Food, Drug, and Cosmetic Act (FDCA)
- Consumer Product Safety Act (CPSA)
- Federal Trade Commission Act (FTC Act)
- Children's Online Privacy Protection Act (COPPA)
- Restore Online Shoppers' Confidence Act (ROSCA)
The Enforcement Section's mission appears to be aimed at addressing unsafe and deceptive practices involving drugs, medical products, online commerce and privacy, and consumer goods.
2. Affirmative Litigation Section
The new Affirmative Litigation Section represents the biggest structural shift. Its stated focus is on filing lawsuits against states, municipalities, and private parties alleged to be "interfere[ing] with or obstruct[ing] federal policies, ensuring nationwide compliance with the U.S. Constitution and federal law."
The press release offers few operational details, but this mandate likely means that the section will pursue litigation aimed at advancing specific federal policy priorities. DOJ's announcement included examples of several of those enforcement priorities, such as:
- Combatting unfair and deceptive trade practices by large technology companies.
- Targeting defective consumer goods imported from China.
- Pursuing false and misleading claims about drugs and dietary supplements.
- Enforcement focused on "protecting women and children" from pharmaceutical companies, healthcare providers, and medical associations allegedly profiting from false or misleading claims related to gender transition.
- "Ending sanctuary jurisdiction laws, policies, and practices that impede federal immigration enforcement and make Americans less safe in their communities."
Practical Takeaways
- Companies and other institutions that operate in sectors regulated under the CSA, FDCA, CPSA, FTC Act, COPPA, or ROSCA should anticipate continued — and potentially more visible — enforcement activity.
- Expect heightened scrutiny of marketing claims, particularly in pharmaceuticals, dietary supplements, medical devices, and health services.
- Large tech platforms and e-commerce companies should brace for enhanced federal attention aimed at protecting consumers' privacy, security, and fair access to information, with enforcement potentially focused on addressing data misuse, deceptive or unsafe practices, and other trust‑eroding conduct in the digital marketplace.
- The rebranding means the same statutes will remain in play, but enforcement will be backed by a branch with a broader mission.
- Companies and other institutions should review risk exposure not only to direct consumer protection investigations, but also to affirmative litigation tied to broader administration initiatives.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
