The U.S. Supreme Court last Friday issued a landmark decision limiting the Trump administration’s ability to impose tariffs under the International Emergency Economic Powers Act (IEEPA). The decision introduces immediate implications for companies navigating global supply chains and has prompted swift action by the U.S. government to impose a new global tariff under an alternative statutory authority. The decision also alters the legal landscape for existing tariffs imposed under IEEPA and raises complex questions regarding refunds of tariffs already paid. NCC General Counsel Hogan Lovells prepared a brief outlining the decision, its immediate impact, and what companies should be considering in the near term. You can read the full analysis here.
Chicken can be found on almost every menu, in every grocery store and every home fridge. It has now made its way into the State of the Union address. “Their policies created the high prices,” President Trump said Tuesday night in his annual address to Congress. “Our policies are rapidly ending them. We are doing really well. Those prices are plummeting downward. The price of eggs is down 60%, Madam Secretary, thank you. The cost of chicken, butter, fruit, hotels, automobiles, rent is lower today than when I took office by a lot.”
The Texas Department of State Health Services (DSHS) recently released its final rule implementing Texas SB 25, which requires foods containing any of 44 specified ingredients to display the following warning label: “WARNING: This product contains an ingredient that is not recommended for human consumption by the appropriate authority in Australia, Canada, the European Union, or the United Kingdom.” The warning requirement applies to food product labels developed or copyrighted on or after January 1, 2027. However, in American Beverage Association et al. v. Paxton, a federal district court in the Western District of Texas recently granted a preliminary injunction temporarily halting enforcement of the warning requirement against Plaintiff food and beverage trade associations and their members while the lawsuit is ongoing.
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With a 6-3 majority, the Supreme Court this morning ruled that the International Emergency Economic Powers Act (IEEPA) does not provide authority for the President to impose tariffs. Chief Justice John Roberts wrote the majority opinion and the court agreed that the tariffs exceeded the law. The court, however, did not say what should happen to the more than $130 billion in tariffs that has already been collected.
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President Donald Trump and Indonesian President Prabowo Subianto finalized a trade agreement that’s expected to lower U.S. tariffs and see Jakarta facilitate the purchase of an estimated $33 billion in American goods.
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