The Nintendo Switch during its presentation in 2017. -

TIMOTHY A. CLARY / AFP

The consumer defense organization UFC-Que Choisir has decided to file a complaint for "planned obsolescence" against Nintendo.

The manufacturer of video game consoles is accused by the association of putting on the market Switch game controllers that break down very quickly, she announced on Tuesday.

“The UFC-Que Choisir is filing a complaint with the public prosecutor today for planned obsolescence,” she announced in a statement.

The offense of planned obsolescence was created by the 2015 law on energy transition and green growth.

The penalties can be up to two years imprisonment and a fine of 300,000 euros, or even 5% of annual turnover.

More than 5,000 consumers with no controllers

Que Choisir had already publicly denounced last year the fragility of some Nintendo Switch console controllers, collecting numerous testimonials from consumers.

Last November, "more than 5,000 consumers" had thus come forward to the association "in just 48 hours" to "denounce the same recurring failure", called "Joy-Con Drift", indicated Que Choisir.

Last January, the general manager of Nintendo France contacted by Que Choisir had promised that Nintendo would repair the controllers without difficulty, "even out of warranty".

But, according to the association, the basic problems remain, and "reports continued to flow to the association" after this commitment.

"The dysfunction having been known for three years, it is essential that the Japanese giant now follows a curative rather than corrective scenario", estimates the association.

Even with low console usage

According to Que Choisir, the “Joy-Con Drift” failure results in “unexpected phantom movements, which prevent consumers from using their game consoles properly”.

According to the association, "two causes are (more than likely) at the origin of the failure: premature wear of the printed circuits, and a lack of sealing which causes a worrying amount of debris and dust within the joystick".

“65% of consumer victims noted this failure less than a year after purchasing the controllers,” says the association.

The breakdown appears “whatever the profile or the age of the player, even when playing less than 5 hours per week.

25% of consumers even saw the failure occur within 6 months after purchase, despite the low usage of the console, ”she added.

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