Dwayne J. Bensing

As Attorney General, I will make Delaware an active, leading force in multistate legal action rather than a passive participant. While Delaware joined multi-state opioid litigation under AG Kathy Jennings, our state too often signs onto national lawsuits after other states have done the heavy lifting—or sits on the sidelines entirely during crucial corporate challenges, such as major anti-competitive media mergers.

My decision framework will proactively evaluate three criteria: 1) Direct Impact on Delawareans: Actionable harm to our residents, particularly frontline and historically underrepresented communities facing environmental or healthcare barriers. 2) Scientific & Empirical Consensus: Prioritizing actions grounded in rigorous research, including defending reproductive health equity, protecting climate regulations, and curbing toxic industrial emissions. 3)Federal Inaction: Stepping in aggressively when federal regulators lapse or fail to hold national corporate monopolies accountable.

Rather than viewing Delaware as the state of incorporation that avoids rocking the boat, my administration will leverage our unique corporate and legal standing to co-lead multistate coalitions early. We will initiate enforcement actions that set nationwide precedents for public health, clean water, and consumer safety.

Fraudulent health claims are a serious public safety threat. While Delaware’s Consumer Protection Unit under AG Jennings handles standard consumer fraud, enforcement around misleading health claims has remained largely complaint-driven—reacting only after Delawareans have already suffered financial loss or health harms.

My administration will transform consumer protection from a reactive agency into a proactive watchdog. We will establish a dedicated science and health advocacy pipeline within the Consumer Protection Unit, partnering directly with medical research institutions, public health experts, and federal regulators (FDA/FTC) to actively monitor deceptive marketing trends before widespread harm occurs.

We will aggressively target predatory companies exploiting seniors, chronic illness patients, and low-income families seeking accessible care with unproven medical claims. Furthermore, we will move beyond standard financial settlements—which large corporations treat as a cost of doing business—by prioritizing immediate injunctive relief to halt deceptive sales instantly, securing full restitution for defrauded consumers, and seeking structural remedies that prevent repeat offenses in Delaware.

Environmental justice and corporate accountability will drive our environmental enforcement strategy. While AG Jennings secured settlements against legacy chemical polluters like DuPont and Chemours over PFAS contamination, financial settlements negotiated after damage is done are not enough—especially when overburdened communities in New Castle County and across our state still live next to toxic industrial sites.

My office will maintain independent prosecutorial authority while coordinating closely with DNREC to shift from reactive settlements to proactive prevention and environmental justice: 1) Environmental Justice Mandate: Directing dedicated legal staff and investigative resources toward fence-line communities that have historically borne a disproportionate burden of industrial air and water pollution. 2) Real Community Remediation: Ensuring PFAS and toxic cleanup settlements directly fund local clean water infrastructure and health monitoring in impacted neighborhoods, rather than disappearing into general state coffers. 3) Strict Deterrence & Injunctive Relief: Seeking aggressive court orders and strict liability penalties against repeat industrial polluters to halt environmental harm in real time. Delawareans deserve an Attorney General who treats clean air and water as non-negotiable civil rights.

Because Delaware is the preferred home of incorporation for dominant tech enterprises—including OpenAI—our Attorney General holds unmatched influence over corporate AI governance. When AG Kathy Jennings issued a Statement of No Objection allowing OpenAI to convert its primary business from a non-profit entity into a for-profit Public Benefit Corporation, it demonstrated how Delaware’s regulatory oversight shapes the global technology landscape.

However, corporate restructuring must be paired with aggressive civil rights enforcement on behalf of everyday Delawareans. Drawing on my track record fighting technological overreach as Legal Director of the ACLU of Delaware, I will treat AI accountability and data privacy under the Delaware Personal Data Privacy Act as vital civil liberties protections. My enforcement pillars will be: 1) Fighting Algorithmic Discrimination: Investigating automated systems and data brokers whose opaque algorithms produce discriminatory barriers in hiring, housing, healthcare access, and credit scoring. 2) Proactive Compliance Audits: Moving beyond voluntary guidance to actively audit entities harvesting sensitive health, location, biometric, or youth data without explicit, informed consent. 3) Protecting Digital Civil Liberties: Enforcing strict data minimization standards and safeguarding residents’ fundamental rights against unchecked data exploitation. (187 words)