What to Expect from DOJ’s New Enforcement & Affirmative Litigation Branch

As announced on September 25, 2025, the longstanding Consumer Protection Branch of the Department of Justice was formally dissolved and replaced by the new Enforcement & Affirmative Litigation Branch. While it was a part of the DOJ’s Civil Division, the CPB oversaw both criminal and affirmative civil enforcement cases and provided expertise to various government-wide working groups, in addition to engaging with consumers, industry, and law enforcement around the world. The CPB also defended certain consumer protection and public health agencies, including the FDA, FTC, and CPSC, in federal district courts.

The Announced Mission of the Enforcement & Affirmative Litigation Branch

The EALB will focus on (i) bringing affirmative litigation to enforce federal laws and regulations, (ii) enjoining actions that conflict with or violate federal law, (iii) obtaining declaratory judgments, and (iv) seeking monetary penalties where appropriate. The DOJ’s Civil Division is consolidating its affirmative litigation work into one Branch to “hold powerful actors accountable, protect public health and safety, and enforce critical national policies.” The EALB’s announced goals largely overlap with those of its predecessor, but will have an increased focus on advancing the “interests of the United States.”

As stated in the DOJ’s press release, the EALB will (1) prioritize cases that protect women and children from alleged false or misleading medical claims related to gender transition procedures, as well as (2) matters involving “sanctuary” laws and policies that impede federal immigration enforcement. This new focus is consistent with Assistant Attorney General Brett A. Shumate’s memo on Civil Division enforcement and underscores changes in priorities between the current DOJ under the Trump Administration and DOJ under the Biden Administration. Assistant Attorney General Shumate will also be in charge of the newly formed EALB. Since False Claims Act litigation remains a priority, the creation of the EALB should have minimal impact on these matters.

The DOJ’s stated approach aligns with the Civil Division’s recent lawsuits filed against Minnesota, the City of Minneapolis, the City of St. Paul, and others challenging their sanctuary city policies as violating federal immigration enforcement mandates. As alleged in the complaint, the Minnesota officials’ refusal to cooperate with federal immigration authorities results in the release of dangerous criminals otherwise subject to removal. This lawsuit is the latest in a series of lawsuits targeting sanctuary city policies across the country, including in Boston, New York City, Rochester, New York, New Jersey, Colorado, and Los Angeles.

Responsibilities of The EALB’s Two Sections

There are two sections of the EALB: 

• Enforcement Section. This section will handle civil enforcement actions and affirmative litigation overseen by the now-dissolved CPB, including enforcement of the Controlled Substances Act, the federal Food, Drug, and Cosmetic Act, the Federal Trade Commission Act, the Consumer Product Safety Act, the Children’s Online Privacy Protection Act, and the Restore Online Shopper’s Confidence Act. Its mission is to protect consumers from harm ranging from deceptive practices by major technology companies, defective goods imported from abroad, false or misleading claims by pharmaceutical manufacturers.
• Affirmative Litigation Section. This section will bring lawsuits against states, municipalities, and private entities that obstruct or conflict with federal policies, ensuring compliance with the U.S. Constitution and federal law nationwide. It is anticipated that the Affirmative Litigation section will actively seek declaratory judgments in matters where there is an active controversy between the EALB’s enforcement priorities that conflict with state and local laws. 

Key Takeaways

• Increased Potential for Disparate Outcomes: The dispersal of CPB personnel and the division of its authority may lead to different outcomes than had the CPB had remained in place. 
• Review Compliance Programs: Now that the Consumer Protection Branch has been dissolved, company policies and procedures should be reviewed to ensure compliance with the announced focus by the Enforcement & Affirmative Litigation Branch. 
• Be Knowledgeable: Information about the new EALB currently is relatively limited due to the recent announcement of its creation coinciding with an ongoing government shutdown. As more information about its priorities, structure, and authority is revealed, clients should keep an eye out for any new developments.

Attorneys at Womble Bond Dickinson have the experience to assist you and stand ready to do so.

Womble Bond Dickinson (US) LLP’s White Collar Defense and Criminal Investigations Team navigates domestic and international clients in all manner of white collar, regulatory, corporate and congressional investigations. Our team includes a distinguished roster of veteran defense attorneys, former federal prosecutors and U.S. Attorneys who served at the highest levels of the Department of Justice and at leading United States Attorneys’ Offices. Our team includes Chambers Ranked (Band 1) lawyers and alumni of the U.S. Department of Justice, the SEC’s Enforcement Division, the U.S. Senate, House of Representatives, and in-house compliance specialists of publicly traded companies.