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| Nintendo of America has filed a federal lawsuit seeking a refund of tariff payments collected since February 2025. |
By Jon Scarr
Nintendo of America has taken the U.S. government to court. The company filed a lawsuit in the United States Court of International Trade on March 6, targeting the tariffs that have been wreaking havoc on global trade since early 2025. If you watched Nintendo Switch 2 accessory prices creep up last year and wondered who was absorbing those extra costs, this lawsuit is part of the answer.
Nintendo Wants Its Money Back
This is not just a protest filing. Nintendo wants its money back. The lawsuit argues that the tariffs imposed under the International Emergency Economic Powers Act of 1977 were unlawful, and the company is asking the court to refund every dollar it paid under those duties since February 1, 2025, with interest. The Supreme Court backed that position when it struck down those tariffs on February 20. Nintendo manufactures its consoles and accessories primarily in Vietnam and China, so it was absorbing these costs at scale throughout the Nintendo Switch 2 launch window.
The complaint names a long list of defendants: the U.S. Department of the Treasury and Secretary Scott Bessent, the Department of Homeland Security, the Office of the U.S. Trade Representative, U.S. Customs and Border Protection, and the U.S. Department of Commerce. Nintendo confirmed to Aftermath that it filed the complaint but had nothing further to share.
Nintendo Is Not Alone
More than 1,000 companies have filed similar lawsuits against the U.S. government, including Costco and FedEx. As of Wednesday, Customs and Border Protection told a judge it had collected $166 billion in tariffs. Judge Richard Eaton ruled that same day that companies are entitled to refunds. Then CBP turned around and said it currently cannot comply with that order. A refund system might be operational within 45 days, according to the Wall Street Journal. So even winning in court does not mean a cheque is coming anytime soon.
The broader tariff picture is still unsettled. President Trump has moved to impose new 15% tariffs under Section 122 of the Trade Act of 1974, and more than two dozen states are already challenging those in court.
The Nintendo Switch 2 Launch Caught in the Middle
If you were watching Nintendo Switch 2 news closely last spring, you lived through the fallout in real time. That goes for Canadian gamers too. Nintendo had preorders locked in for April 9, 2025 on both sides of the border. Then the tariffs hit, and the company pulled back everywhere. Nintendo of Canada confirmed it was postponing its April 9 preorders specifically to align with the delayed U.S. timing. Nobody north or south of the border knew when preorders would open or what the final price tag would look like.
When the dust settled, Nintendo held the line on console pricing. The Nintendo Switch 2 launched at $449.99 USD in the U.S. and $629.99 CAD in Canada, both unchanged from what had originally been announced. The Mario Kart World bundle came in at $699.99 CAD. Preorders for both countries opened April 24, with the June 5 launch date intact throughout.
Accessories Took the Hit
Accessories were a different story for gamers on both sides of the border. Joy-Con 2 controllers went from $89.99 USD to $94.99 USD in the U.S., and from $119.99 CAD to $124.99 CAD in Canada. The Pro Controller jumped from $79.99 USD to $84.99 USD in the U.S. and from $104.99 CAD to $109.99 CAD in Canada. The Joy-Con 2 Charging Grip saw the same treatment, moving from $34.99 USD to $39.99 USD, and from $44.99 CAD to $49.99 CAD in Canada. Nintendo cited changes in market conditions as the reason, which everyone understood to mean tariffs.
To protect the console price itself, Nintendo reportedly redirected the bulk of its Vietnam-produced units toward the U.S. market. Nintendo had already been shifting production out of China and into Vietnam during Trump's first term, which gave it some flexibility going into this. It still was not enough to avoid the impact entirely, which is exactly what this lawsuit is trying to recover.
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