Since April 2025, the wider video game industry has been discussing how Nintendo and other hardware makers would respond to the tariffs imposed by the current US government and how those tariffs would affect the price of devices and consumer sales. In all that discussion, the idea that Nintendo, despite its litigious nature, would respond with a lawsuit aimed at the US Government was not what you would call a popular guess. Well, Aftermath's latest report is a reminder to never underestimate Nintendo's willingness to go to court.
Nintendo is officially suing the US Government, specifically Scott Bessent, Secretary of the Department of the Treasury, Kristi Noem, the former Secretary of the Department of Homeland Security, US Trade Representative Jamieson Greer, US Customs and Border Protection Commissioner Rodney Scott, and US Department of Commerce Secretary, Howard Lutnick.
"The Complaint focuses on Defendants' unlawful imposition of tariffs ('IEEPA Duties') founded on President Trump's executive orders," the lawsuit reads. "Since February 1, 2025, President Trump has executed the unlawful Executive Orders, imposing tariffs on imports from a vast swath of countries."
The suit goes on to explain that Nintendo has grounds to sue "because it is the importer of record for goods that were subject to IEEPA Duties. Plaintiff was thus responsible for paying the IEEPA Duties on those goods and made such payments. As a result, Plaintiff has suffered injury caused by the IEEPA Duties."
It further explains that Nintendo will "suffer imminent and irreparable harm for the entries it has paid" if nothing is done. Nintendo is demanding that the US Government pay the company back for all tariffs collected under the IEEPA Duties "with interest." It also adds that the US Government has already "conceded" this point in other court documents.
Back in April 2025, on the same day that President Trump had his big press conference regarding the tariffs that would be imposed on several countries across the globe, Nintendo also revealed the Nintendo Switch 2. Pre-orders for the console ended up being delayed in the US, with the price of its accessories getting an increase when a new pre-order date was announced later that month.
The price of the Nintendo Switch was increased in the US last year, and while that wasn't solely due to tariffs, they did indeed play a factor, and there have been multiple warnings that the price of the Switch 2 is next. Of course, the ongoing memory crisis now plays its own major role in that, but the tariffs are not a non-factor.
This news just broke, and at the time of this writing, there's been no further word from the US Government or Nintendo on the suit. In these early hours, it is, of course, unclear as to how the situation will shake out, but it would be interesting to see if other hardware makers file similar suits now that Nintendo has seemingly broken the ice.
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