DOJ Brings First CPSA Case Under New Enforcement Branch

The Department of Justice (DOJ) recently filed a civil enforcement action against industrial tool manufacturer Stanley Black & Decker, Inc. that provides an early look at how consumer product safety cases will be handled under DOJ’s newly reorganized Civil Division. Filed on December 22, 2025 in coordination with the Consumer Product Safety Commission (CPSC), the complaint alleges violations of the Consumer Product Safety Act (CPSA) based on an alleged failure to timely report potential product hazards. The case is the first CPSA-related civil enforcement action brought by DOJ’s new Enforcement & Affirmative Litigation Branch, which recently replaced the former Consumer Protection Branch (CPB).

The Enforcement & Affirmative Litigation Branch was created as part of DOJ’s September 2025 reorganization, which eliminated the CPB and redistributed its former responsibilities. The new Branch assumed CPB’s civil affirmative enforcement portfolio, including matters arising under statutes administered by CPSC. The case filed against Stanley Black & Decker confirms that the new Branch is actively exercising that authority and signals a renewed emphasis on DOJ’s consumer product safety enforcement.

The CPSA requires manufacturers, distributors, and retailers to “immediately” report information to CPSC that reasonably supports the conclusion that a product contains a defect that could create a substantial product hazard or presents an unreasonable risk of serious injury or death. As in prior CPSA cases, the government’s claims focus not only on alleged product risks, but on the timing of internal assessments and regulatory notifications.

For consumer product companies, the case serves as an early indicator of how CPSA enforcement will proceed under DOJ’s new organizational framework. Companies should expect continued collaboration between DOJ and CPSC and sustained scrutiny of reporting decisions under Section 15 of the CPSA. Although the complaint against Stanley Black & Decker does not allege criminal violations, DOJ’s reorganization includes the creation of a Health & Safety Unit within the Criminal Division to handle criminal investigations involving safety-related harms. As a result, companies should continue to consider potential criminal exposure when evaluating CPSA reporting decisions.

Firms should review their internal escalation, investigation, and reporting protocols to ensure they can withstand regulatory and enforcement review. We will continue to monitor CPSA enforcement activity and DOJ’s implementation of its new enforcement structure and report material developments.