DOJ Enforcement Branch Signals Strategic Shift in Civil Consumer and Policy Litigation

by Henry Fina and Sydney D. Finlay

DOJ Enforcement Branch: What Changed, What’s Next, and Who Should Prepare

On September 25, 2025, the Department of Justice published a press release announcing the creation of the Enforcement & Affirmative Litigation Branch (EALB). The CPB was created in the aftermath of the 2008 Financial Crisis as a part of the Dodd-Frank Act and has attained settlements worth over $19 billion against banks and creditors.  The reorganization reflects a shift to a centralized and expansive litigation pursuit that could reshape the regulatory landscape and change how the DOJ structures civil enforcement moving forward.

What is the New DOJ Enforcement Branch? What Enforcement Powers Carry Over?

The CPB oversaw consumer safety, fraud, and regulatory enforcement. The reorganization of consumer protection enforcement marks a shift to an affirmative litigation approach within the DOJ. According to the DOJ, the civil litigation and enforcement efforts previously spread across the department will now be consolidated within the EALB.

The new federal civil litigation strategy looks to respond quickly to violations with a more centralized approach. The EALB consists of two sections, the Enforcement Section and the Affirmative Litigation Section. The Enforcement Section will continue to bring consumer protection cases under various statutes including the Controlled Substances Act, Federal Food, Drug, and Cosmetic Act, Consumer Product Safety Act (CPSA), Federal Trade Commission Act (FTC Act), Children’s Online Privacy Protection Act (COPA), and Restore Online Shoppers’ Confidence Act (ROSCA). The Affirmative Litigation Section’s focus will be to bring claims against  the “states, municipalities, and private entities to ensure nationwide compliance to federal law.”

How will Ideology Affect Federal Litigation Against States and Business?

The centralized DOJ enforcement branch’s authority and mission to challenge state or local municipal laws threatens to create compliance complexities. Litigation between federal and state authorities regarding consumer protection policy could create conflicting compliance requirements.

According to the press release regarding the reorganized DOJ enforcement branch states that the new federal civil litigation strategy focuses on “protecting women and children from pharmaceutical companies, health care providers, and medical associations profiting off of false and misleading claims related to so-called gender transition, and ending sanctuary jurisdiction laws, policies, and practices that impede federal immigration enforcement and make Americans less safe in their communities.” Civil litigation regarding ideologically divisive issues threatens to create future policy swings as control of DOJ enforcement branches shifts along partisan lines, further complicating compliance standards. The increased scrutiny regarding these matters could introduce new complications for consumers and companies navigating the regulatory sector.

What Industries Should Anticipate Increased Scrutiny?

The DOJ press release indicates that the department plans to pursue aggressive enforcement litigation in the healthcare and life sciences sectors. Telemedicine platforms, drug pricing practices, and pharmaceutical marketing are likely to become central targets of new enforcement campaigns, building on the FDA-related matters previously overseen by the CPB.

Pursuant to the Trump administration’s stated enforcement priorities, technology and retail companies will also face increased scrutiny over their products and practices. The DOJ emphasized its intention “to protect consumers — whether it be from unfair and deceptive trade practices of the largest technology companies in the world, defective consumer goods imported from China, or false and misleading claims about drugs and dietary supplements manufactured by pharmaceutical companies.” Consistent with this mandate, the department has signaled its interest in pursuing matters involving children’s online privacy, deceptive marketing, subscription practices, and product safety under the FTC Act, COPPA, CPSA, and ROSCA.

How does Miller Shah assist companies, professionals, or consumers involved in complex federal civil enforcement matters?

Miller Shah represents businesses, professionals, and consumers in matters involving complex federal civil enforcement, consumer protection, and class action litigation. The firm assists clients pursuing matters under the Consumer Product Safety Act as well as complex healthcare litigation under the False Claims Act. Decades of experience in litigation equips Miller Shah with the capacity to protect consumers from fraudulent, abusive, and deceptive practices across industries and in evolving enforcement environments.