Nintendo of America is suing the US government, including the Department of Treasury, Department of Homeland Security and US Customs and Border Protection, over its tariff policy, Aftermath reports. The video game giant already raised prices on the Nintendo Switch in August 2025 in response to “market conditions,” but has so far left the price of its newer Switch 2 console unchanged.
Nintendo’s lawsuit, filed in the US Court of International Trade, cites a Supreme Court ruling from February that confirmed a lower courts’ opinion that the Trump administration’s global tariffs were illegal. Nintendo’s lawyers claim that the video game company has been “substantially harmed by the unlawful of execution and imposition” of “unauthorized Executive Orders,” and the fees Nintendo has already paid to import products into the country. In response, the company is seeking a “prompt refund, with interest” of the tariffs it has paid.
“We can confirm we filed a request,” Nintendo of America said in a statement. “We have nothing else to share on this topic.”
While taxes and other trade policies are supposed to be set by Congress, President Donald Trump implemented a collection of global tariffs over the course of his first year in office using executive orders and the International Emergency Economic Powers Act (IEEPA), a law that gives the president expanded control over trade during a global emergency. The Trump administration has positioned tariffs as a way to punish enemies and bargain with trade partners, but many companies have passed the increased price of importing goods onto customers.
In upholding opinions from the US District Court of the District of Columbia and the US Court of International Trade, the Supreme Court removed the Trump administration’s ability to collect tariffs using IEEPA, but didn’t clarify how the tariffs the government had illegally collected should be returned to companies. Like Nintendo, other companies have decided filing a lawsuit is the best way to get refunded.
The Guardian reports that US Customs and Border Protection is already preparing a system to process refunds for affected companies, but that might not mark the end of Trump’s tariff regime. In a press conference held after the Supreme Court released its decision, the President announced plans to introduce tariffs using other, more constrained methods. Tariffs aren’t the only obstacle Nintendo faces, either. The company could also be forced to raise the price of its consoles in response to the current RAM shortage.
