Platkin LLP has teamed up with Democracy Defenders Fund, a national watchdog group focused on government accountability, to bring the case. The suit demands refunds for tariffs collected after the Trump administration imposed sweeping duties that the U.S. Supreme Court recently ruled were unlawful.
The case centers on Busy Baby LLC, a veteran-owned family business that sells baby products nationwide and gained national attention after appearing on the television show Shark Tank. The company says the tariffs dramatically increased its costs and threatened the business’s survival.
Beth Benike, the company’s founder, said the sudden imposition of import duties forced her to dip into her retirement savings just to keep the company operating.
“I’m a ten-year Army veteran. When I came home, I started a company from my kitchen table and created jobs in my community,” Benike said. “Then, an overnight tariff executive decision forced me to cash in my retirement savings just to keep the lights on. The President was blocking an American small business from doing business.”
Benike said the tariffs represented an unconstitutional tax imposed without congressional approval.
“The first article of the Constitution gives Congress the power to levy taxes, including tariffs,” she said. “The executive branch imposed an import tax on my business overnight, with no vote, no debate, and no representation for small business owners like me. That’s not how American democracy is supposed to work.”
The lawsuit follows a U.S. Supreme Court ruling that Trump lacked authority under IEEPA to impose the tariffs. The decision has created confusion about how businesses that paid the duties can recover their money.
In recent days, some large corporations have begun filing lawsuits to enforce their refund claims. Platkin said the goal of the case is to ensure that smaller companies are not left behind while bigger firms move quickly to secure repayment.
“The Trump tariffs represent real money taken from American businesses and entrepreneurs working hard to grow their companies,” Platkin said. “The Supreme Court confirmed what we already knew: these tariffs were unconstitutional. Our goal is simple—return those dollars to American companies like Busy Baby that are suffering the consequences of Trump’s unlawful actions so they can continue to grow, boost our economy, and keep their doors open.”
Norm Eisen, executive chair and co-founder of Democracy Defenders Fund, said the case also raises broader concerns about executive power.
“These illegal tariffs were a crushing tax increase on America’s small businesses and working families,” Eisen said. “They constitute an abuse of power that threatens not only the rule of law but also the livelihoods of small business owners.”
Eisen said the federal government is currently holding money that the Supreme Court has now determined was collected without legal authority.
“The Trump administration promised to lower costs,” he said. “But it is so far unlawfully keeping the money it took out of the pockets of hardworking Americans.”
The lawsuit seeks refunds of the duties paid by Busy Baby and could help determine the pathway for thousands of small businesses to recover tariffs collected under the now-invalid policy. Platkin said the case is ultimately about ensuring that small companies receive the same opportunity for relief as larger corporations that have already moved to protect their claims.