Highlights
- Nintendo of Europe has been fined over delayed Joy-Con drift disclosure affecting Switch controllers.
- Regulators say Nintendo knew of the issue in 2018 but informed users in 2020 and added free repairs in 2023.
- Investigation found delays led to extra controller purchases, while Nintendo denies wrongdoing and accepted the settlement.
Nintendo of Europe has been ordered to pay a €35 million (~$40 million USD) fine after French regulators concluded it failed to properly inform consumers about widespread Joy-Con controller defects affecting the original Nintendo Switch. The ruling follows an investigation by France’s Directorate General for Competition Policy, Consumer Affairs, and Fraud Control (DGCCRF), which found that delayed disclosure of the issue influenced both purchasing and repair decisions across Europe.
The settlement was accepted by Nintendo and announced on June 8, 2026.
The case centers on the “Joy-Con drift” defect, where analog sticks produce unintended or erratic inputs. Regulators claimed that Nintendo became aware of responsiveness issues as early as 2018 but did not begin public communication until 2020. Free repair programs were only introduced in 2023 after coordinated European regulatory intervention.
Meanwhile, authorities argued this delay pushed some consumers to replace controllers rather than seek after-sales support.
DGCCRF Investigation and Consumer Impact
The DGCCRF action followed a 2020 complaint from UFC-Que Choisir. Investigators concluded that Nintendo’s communication practices between 2018 and 2023 amounted to misleading commercial conduct. The French National Investigation Service (SNE) determined that incomplete disclosure discouraged repair requests and contributed to unnecessary controller purchases, affecting consumer decision-making in the process.
The regulator framed the conduct as a misleading commercial practice that materially altered consumer behavior. The investigation also highlighted how delayed transparency shaped demand for replacements rather than repairs during the affected period.
Nintendo Response and Settlement Terms
Nintendo denied deliberate wrongdoing, stating it did not “intentionally mislead consumers.” The company added that the agreement “does not constitute an admission of guilt” but reflects a resolution of legal proceedings. The company maintains that the settlement closes the regulatory case without acknowledging liability.
As part of the agreement, Nintendo must publish the decision on its French website and continue offering free repairs in affected regions.
The issue has also drawn wider scrutiny. U.K. consumer group Which? has estimated that more than 40% of original Joy-Con controllers were affected by drift, while a U.S. class-action lawsuit on the defect was dismissed in 2024.
The case highlights growing regulatory pressure on electronics manufacturers over post-sale transparency, particularly for mass-market gaming hardware.
Disclaimer: Sources used have been machine-translated from French.
