Nintendo is Suing the US Government Over “Unlawful Impositions of Tariffs”

Mar 6, 2026 at 02:19pm EST
A split image showing a close-up of the animated character Mario in his red cap and blue overalls on the left, and the

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.

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"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.

About the author: David has been writing about videogames, technology, and culture since 2020, with a focus on reporting daily news across multiple publications, including GameDaily.Biz, GameSkinny, and PlayStation Universe before joining Wccftech in 2025. David started contributing as Canada/US reporter for Wccftech's gaming section in 2025. Besides being up-to-date on the industry's movements, he loves interviewing developers, reviewing games, and writing intricate essays about the symbolism and layered meanings to be found in rich narratives as he's done for publications like GamesIndustry.Biz, LostInCult, and others. Outside of games he loves movies, music, theatre, his hometown, and his family, though not necessarily in that order.

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