Nintendo urged a court to dismiss a lawsuit demanding that it pass tariff refunds on to customers, saying that people who bought a Switch console or other products have no legal right to refunds that Nintendo is due to receive from the government.

Nintendo said in a motion to dismiss yesterday that plaintiffs are "ask[ing] this Court to invent a legal duty out of whole cloth to retroactively re-price completed sales simply because the legal landscape has changed." Nintendo said the plaintiffs "have no legal entitlement to the tariff refunds Nintendo stands to receive."

The lawsuit was filed in April by two customers who seek to represent a class of all US residents who bought Nintendo products from February 2025 to February 2026. California resident Gregory Hoffert and Washington resident Prashant Sharan filed the class action complaint in US District Court for the Western District of Washington, alleging unjust enrichment and a violation of the Washington Consumer Protection Act's prohibition on unfair or deceptive acts.

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On Monday, Nintendo announced that it will stop selling the original Switch in Europe next February. That decision comes in response to European regulations that will soon require easily replaceable batteries in most consumer electronics. Rather than redesigning multiple original Switch models to comply with that regulation (as it is doing with the Switch 2), Nintendo has decided it will just stop selling the older console in the region.

Those new battery rules won't affect the availability of the Switch outside of Europe, of course. But the move got us wondering how much longer Nintendo might keep selling the 9-year-old Switch now that the Switch 2 is drawing the focus of both the company and the market.

An Ars analysis of Nintendo's recent history (as documented in its annual earnings releases) shows that sales for even the company's bestselling hardware tend to decline to zero after nine years on the market. But the data also shows the Switch being a relatively resilient market force that could sustain its commercial life well into its second decade on the market.

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