Nintendo sues US government over "illegally collected" tariffs that delayed Switch 2 pre-orders, demands refund "with interest"

Nintendo is suing the US government over "illegally collected" duty fees.

In a lawsuit obtained and shared by Aftermath, Nintendo says US President Donald Trump's "unlawful imposition of tariffs" under the controversially invoked International Emergency Economic Powers Act (IEEPA) led it to have "suffered injury." Indeed, Nintendo pushed pre-order dates for its Switch 2 console in 2025 after Trump issued a series of confusing and contradictory executive orders demanding international tariffs – which Nintendo refers to in its suit – and the company changed Switch 2 accessory prices in the US.

The matter of international tariffs continues to fluctuate, but, most recently, the Supreme Court overturned IEEPA-based tariffs. It also ordered US Customs and ‌Border Protection to refund companies what it ultimately judged to be illegally collected fees. But, as of March 6, Customs and Border Protection says in a separate suit that it is "not able to comply" with the order. So here comes Nintendo with a knock at the door.

Nintendo "will suffer imminent and irreparable harm" over tariffs it has already paid, it says in its lawsuit, unless the US government pays up with a refund plus interest, and takes care of Nintendo's incurred costs and attorney fees, among other requests for relief.

The Mario developer isn't alone in its, according to the Supreme Court, justified demands. Over 20 states, including New York and California, are suing the Trump administration over a proposed 15% global tariff. What might that do to the cost of your Nintendo Switch 2 Joy-Cons? Well, probably bad things.

Nintendo of America tells GamesRadar+, "We can confirm that we filed a request. We have nothing else to share on this topic."

The Pokemon Company says the US government did not have permission to use Pokemon art and theme song in ICE promotional video.