In response to the U.S. government’s imposition of “emergency” tariffs on many foreign countries in April 2025, more than 2,000 companies filed claims in the U.S. Court of International Trade (“CIT”), seeking refunds in the event the U.S. Supreme invalidated those tariffs, which it did on February 20, 2026 (see Lewis Brisbois Client Alert). In early March 2026, the CIT established a process for companies to obtain refunds, with interest (see Lewis Brisbois Client Alert). But a new wave of other litigation has already begun, filed by putative class action consumer plaintiffs around the country, who want reimbursement for any tariff pass-throughs they paid, either overtly or without notice, for products they purchased while the tariffs were in force. With the tariff total estimated at $166 billion, there is enough at stake to make the litigation worthwhile.
