ARTICLE
3 October 2025

Department Of Justice Creates New Civil Division Enforcement & Affirmative Litigation Branch

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Buchanan Ingersoll & Rooney PC

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On September 25, 2025, the Department of Justice announced the creation of a new Civil Division office called the Enforcement & Affirmative Litigation Branch.
United States Litigation, Mediation & Arbitration

On September 25, 2025, the Department of Justice announced the creation of a new Civil Division office called the Enforcement & Affirmative Litigation Branch. This new Branch is dedicated to safeguarding public health and safety through high-impact affirmative litigation and enforcement actions.

The DOJ reported this Branch's creation reflects the DOJ's commitment to consumer protection and advancing the United States' interests. The Branch will consist of two sections, the Enforcement Section and the Affirmative Litigation Section.

The Enforcement Section will bring landmark cases under 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, to protect consumers from unfair and deceptive trade practices, defective consumer goods, and false and misleading claims about drug and dietary supplements manufactured by pharmaceutical companies.

The Affirmative Litigation Section will file lawsuits against states, municipalities, and private entities that interfere with or obstruct federal policies to ensure nationwide compliance with the U.S. Constitution and federal laws.

The DOJ stated this new Branch will strengthen the Civil Division's ability to advance the Department's enforcement priorities, such as protecting individuals from pharmaceutical companies, healthcare providers, and medical associations from profiting off false and misleading claims. The DOJ reported its enforcement priorities include protecting women and children from companies' false and misleading claims relating to gender transitions, and ending sanctuary jurisdiction laws, policies and practices.

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