Case: Johanna Foods, Inc. v. Executive Office of the President

This case challenges the imposition of a 50% tariff on Brazilian orange juice imports. 

On April 2, 2025, President Trump issued Executive Order 14257, establishing a 10% ad valorem duty on all imports. Subsequently, on April 9, 2025, Executive Order 14266 paused elevated tariffs for most countries for 90 days while maintaining the 10% global tariff. After extending certain tariff suspensions until August 1, 2025, President Trump issued a letter on July 9, 2025, imposing a 50% tariff on all Brazilian products entering the United States, effective August 1, 2025. The Trump administration justified the tariff based on concerns about Brazil’s treatment of former President Bolsonaro, alleged attacks on free elections and free speech in the United States, and an allegedly unfair trade relationship.

On July 18, 2025, Johanan Foods, Inc. and Johanna Beverage Company, LLC filed this lawsuit in the U.S. Court of International Trade against the Executive Office of the President, the United States, the U.S. Customs and Border Protection Agency (CBP) and its Acting Commissioner, the Office of the U.S. Trade Representative, and the Secretary of Commerce, under the International Emergency Economic Powers Act (IEEPA) and the Trade Act of 1974. Judge Timothy M. Reif presides over the case. 

Represented by private counsel, the plaintiffs sought a declaration that IEEPA does not grant the President statutory authority to impose the tariff, that President Trump failed to identify a national emergency or an "unusual or extraordinary threat" from outside the United States as required by IEEPA, and that Congress unconstitutionally delegated power to the President. They also sought injunctive relief to block enforcement of Executive Order 14257 and the Brazil letter, as well as damages for any collected tariffs and attorneys’ fees.

Plaintiffs argued that the tariff lacked a valid legal basis, was not issued through a proper executive order, and was unsupported by any declared national emergency or qualifying threat under IEEPA. They contended that IEEPA does not authorize tariffs aimed at political objectives or countries with which the U.S. maintains a trade surplus, such as Brazil. They also claimed the tariff exceeded the 15% cap and 150-day limit set by Section 122 of the Trade Act. They warned of severe economic harm, including at least $68 million in annual costs, the potential loss of nearly 700 American jobs, and a 20–25% increase in consumer orange juice prices due to their exclusive reliance on Brazilian imports and a sharp decline in domestic supply.

On July 22, 2025, the plaintiffs filed a motion for a temporary restraining order and a preliminary injunction to block enforcement of the tariff. Plaintiffs also sought summary judgment for a permanent injunction. They argued that the tariff would inflict immediate and irreparable harm, including tens of millions in added annual costs, sharp retail price increases, and potential layoffs, and that the balance of equities and public interest favored immediate injunctive relief.

On July 29, 2025, Judge Reif denied the plaintiffs’ motion for a temporary restraining order, finding they had not clearly demonstrated a likelihood of immediate and irreparable harm before the threatened tariff. The court observed that the July 9 letter announcing the “Brazil Tariff” was not an executive order, proclamation, or other form of legally binding executive action. Accordingly, the court determined that neither the President nor any agency had taken “final action that is subject to judicial review.” The court further reasoned that the plaintiffs’ alleged harm was “hypothetical or speculative” because it rested on an action that “may or may not occur,” citing legal precedent that speculative harm does not warrant judicial intervention. Finally, the court stayed the case pending a final, unappealable decision in two related matters: V.O.S. Selections, Inc. v. United States, Case No. 25-00066 (Ct. Int’l Trade), and Oregon v. U.S. Dep’t of Homeland Security, Case No. 25-00077 (Ct. Int’l Trade).

This case is ongoing.