Kathy Jennings
DemocraticQ5 State Attorney Generals often join multistate coalitions on matters affecting their residents, including cases involving environmental regulation, public health, and consumer protection. What approach, if any, would you take to deciding when Delaware should participate in multistate legal action on science/health related issues?
We base every litigation decision on harm to Delawareans and standing. In the last two years alone we’ve have been extremely active on cases defending science and research. Litigation files by this office has preserved nearly $25 million in research funded by the NIH, Department of Energy, and National Science Foundation. We’ve likewise been very active litigants in multistate EPA issues (e.g., ozone and emissions standards, smog and clean air rules), and that doesn’t even cover the cases where Delaware has been the sole plaintiff (PFAS contamination, PCB contamination, and our litiation against more than 30 Big Oil defendants, to name a few). Environmental stewardship and its public health impacts are kitchen table issues in Delaware and we will continue to take an extremely aggressive posture on anyone—whether a private actor or the federal government—that threatens those priorities.
Q6 The Attorney General’s office enforces Delaware’s consumer protection laws, which can apply to false or misleading health-related claims, including in the marketing of dietary supplements and alternative medical products. What approach, if any, would you take to consumer protection enforcement in cases involving unsupported health or scientific claims?
Delaware’s Consumer Fraud Act provides broad consumer protection authority that can be applied in virtually any B2C context when a business engages in unfair or deceptive practices—including, thanks to our office’s advocacy, post-transaction conduct. If purveyors of alternative medical products or supplements commit fraud we will hold them accountable.
Q7 The Attorney General’s office is responsible for enforcing state environmental laws, often in coordination with the Department of Natural Resources and Environment Control. What priorities, if any, would guide your office’s approach to enforcing environmental protections in Delaware?
I believe that the DOJ plays a critical role in environmental protection and environmental damages. Our office has already secured the largest environmental settlement in state history following an investigation into the DuPont company and other defendants. We also sued Monsanto for PCB contamination and dozens of Big Oil defendants for the damage that climate change has caused and will continue to cause to our state. We will continue to investigate and litigate when we believe Delawareans and our public resources have been harmed by industrial pollution and other environmental harms.
Q8 The Attorney General’s office is responsible for enforcing the Delaware Personal Data Privacy Act, which governs how resident’s personal data is collected and used. As the use of AI and large-scale data processing grows, what approach (if any) would you take to enforcing data privacy protections for Delaware residents?
We are not only responsible for enforcing the DPDPA — we were one of its chief architects. We’ve been working for years to educate businesses, parents, and consumers or their rights and obligations under the law through direct outreach, paid media, and earned media. We have likewise worked with the legislature to continue to update the DPDPA to ensure it keeps up with evolving technology. That absolutely includes, but is not limited to, AI companies. Delawareans should consult privacy.delaware.gov to learn more about their rights and for information on how to submit a privacy complaint.