It's now facing another, this time in France. French consumer organisation UFC-Que Choisir has announced that it is suing Nintendo for "planned obsolescence and anti-consumer practices".
UFC-Que Choisir claims that although Nintendo is currently offering free online repairs to users affected by the issue, the Joy-Con controllers are faulty at the point of production due to the drift issue and the company has done nothing from a manufacturing perspective to remedy the problem.
UFC-Que Choisir goes on to list two potential explanations for drift – the premature degradation of electronic circuits, and/or a defective seal on the inside of the controller which causes both "internal and external debris and dust" to make its way within the joystick, which causes the controller to think a direction is being pushed on the analogue stick even when it isn't being touched.
The statement continues:
While Nintendo was informed of this malfunction, the Japanese giant chose not to modify the components subject to this failure. The nature of the failure, its frequency of occurrence with players, the limited lifespan of these products and the inertia of the manufacturer, however informed of the malfunction … These are all characteristics that indicate that Nintendo is engaged in practices of planned obsolescence.
The UFC-Que Choisir has therefore filed a complaint with the Public Prosecutor of Nanterre. Our association once again calls on Nintendo to review the manufacture of its controllers to avoid the almost systematic appearance of this failure.
Nintendo's president Shuntaro Furukawa acknowledged in June that many Switch owners have experienced the fault, but was unable to comment further due to ongoing litigation on the issue. Earlier this month, Reddit user Crownshots claimed to have been successful in getting their money back from Nintendo over the drift problem via a small claims court.