Skip to content

Home > In The News > Articles > What Does the DOJ’s New Enforcement and Affirmative Litigation Branch Mean for Civil Enforcement?

Article Summary

The DOJ’s new Enforcement and Affirmative Litigation Branch signals a more proactive and policy-oriented approach to civil enforcement. The EALB, announced in September 2025, combines the former Consumer Protection Branch’s focus on consumer, health, and data privacy enforcement with a focus on targeting obstructions to federal policy.

This article by TELG principal Janel Quinn and TELG associate Keri Teal was published by The Employment Law Group, P.C. on December 3, 2025.

What Does the DOJ’s New Enforcement and Affirmative Litigation Branch Mean for Civil Enforcement?

By Janel Quinn and Keri Teal

———

The Department of Justice (DOJ) announced the creation of the Enforcement and Affirmative Litigation Branch (EALB) within its Civil Division in September 2025, consolidating several of the DOJ’s civil enforcement functions into a single, centralized unit. The new branch signals a shift towards a more strategic use of civil enforcement to uphold federal laws, recover government funds, and advance the policy objectives of the Trump administration.

“Affirmative litigation” refers to cases in which the government initiates lawsuits to enforce federal laws, stop unlawful activity, or compel compliance. The EALB will bring such cases against corporations, organizations, and state actors that violate statutes, obstruct federal policy, or engage in practices harmful to the public. Available remedies include monetary penalties, injunctive relief, or other court-ordered measures to halt misconduct.

Replacing the Consumer Protection Branch

The establishment of the new branch coincides with the elimination of the DOJ’s longstanding Consumer Protection Branch (CPB), with many of its authorities transferred to the EALB. Historically, the CPB oversaw civil and criminal enforcement under statutes like the Food, Drug, and Cosmetic Act, the Controlled Substances Act, and other laws governing the safety of drugs, medical devices, and prescription drug distribution.

The EALB now covers both the CPB’s consumer, health, and data privacy enforcement and the enforcement of other federal policies. This unification under one umbrella allows the EALB to issue civil investigative demands (a form of administrative subpoena), impose monetary penalties, and — when appropriate — refer serious violations for criminal prosecution.

Two Key Sections of the New Branch

The EALB is divided into two main sections:

  • The Enforcement Section will focus on applying civil statutes, including: the Controlled Substances Act; the Federal Food, Drug, and Cosmetic Act; the Consumer Product Safety Act; the Federal Trade Commission Act; the Children’s Online Privacy Protection Act; and the Restore Online Shoppers’ Confidence Act. Violations of these statutes may involve false or misleading advertising, unsafe medical products, privacy violations, defective consumer goods imported from other countries, or deceptive consumer practices.
  • The Affirmative Litigation Section will handle cases that challenge state or private actions alleged to obstruct federal law or policy. In practice, this could include suits against healthcare entities accused of disregarding federal regulations.

Emerging Areas of Focus

The EALB reflects how civil enforcement priorities evolve with changing administrations. Prior DOJ leadership emphasized consumer protection, healthcare fraud, and civil rights, but the EALB’s early actions suggest the current administration has a broader, more policy-driven focus. The EALB’s initial priorities include:

  • Investigating alleged misleading claims related to gender-transition medical procedures, particularly those involving minors;
  • Challenging state and local “sanctuary” policies that, according to the DOJ, interfere with federal immigration enforcement; and
  • Pursuing deceptive business practices that threaten consumer privacy or exploit vulnerable populations.

By creating a dedicated branch to pursue affirmative civil actions, the current administration is signaling an intent to use government attorneys to strategically litigate in areas that intersect with national policy debates — not just traditional consumer or healthcare enforcement — therefore, advancing select policy objectives.

What This Means for Regulated Entities

For companies, healthcare providers, and state agencies, the EALB’s creation signals a more coordinated and assertive civil enforcement landscape. Assistant Attorney General Brett A. Shumate, of the DOJ’s Civil Division, said in a press release that the restructuring “reflects the Department’s commitment to aggressively protecting consumers and advancing the interests of the United States.”

The new branch reflects an administration-influenced enforcement model that merges consumer protection, healthcare oversight, and policy litigation — functions previously dispersed across multiple offices. Regulated entities may now face investigative demands, settlement negotiations, and litigation from a single, highly resourced unit.

If you discover your employer is committing fraud or have a problem at work more generally, call The Employment Law Group.

———-

Janel Quinn is a principal at The Employment Law Group, P.C.; Keri Teal is an associate at the firm.