Enforcement & Affirmative Litigation Branch
Mission
The Enforcement & Affirmative Litigation Branch safeguards Americans’ health, safety, economic security, and data privacy through proactive enforcement and high-impact affirmative litigation. The Branch’s mission is to bring affirmative litigation to enforce federal laws and regulations, enjoin actions that conflict with or violate federal law, obtain declaratory judgments regarding the laws of the United States, and seek monetary penalties where appropriate.
About the Branch
The Branch’s work is overseen by two sections: the Enforcement Section and the Affirmative Litigation Section. The Enforcement Section brings affirmative litigation to enforce laws that protect consumers—whether it be from unfair and deceptive trade practices, unauthorized vaping products, defective consumer goods, or false and misleading claims about drugs and dietary supplements. The Enforcement Section draws on the Department’s extensive experience bringing landmark enforcement actions under statutes such as the Federal Food, Drug, & Cosmetic Act, the Federal Trade Commission Act, the Controlled Substances Act, the Consumer Product Safety Act, the Children’s Online Privacy Protection Act, and the Restore Online Shoppers’ Confidence Act.
The Affirmative Litigation Section represents the United States by filing lawsuits against states, municipalities, and private entities that interfere with or obstruct federal policies, ensuring nationwide compliance with the U.S. Constitution and federal law. The Affirmative Litigation Section also files statements of interest and amicus briefs to enforce federal law. The Section’s work touches on important areas affecting Americans’ safety and well-being, including public benefits, immigration, energy independence, and agricultural standards, and often involves high-profile challenges to state and local laws that violate the Supremacy Clause.