Luxury handbags are displayed at Sotheby’s in New York City, showcasing a Hermes Silver Metallic Chevre Birkin 30 bag up for auction on June 1, 2023. (Photo: REUTERS/Roselle Chen)
Luxury Giants in the Spotlight: Hermes International SCA, LVMH Moet Hennessy Louis Vuitton SE, Prada SpA
U.S. consumers have intensified their lawsuit against French luxury brand Hermes, accusing the company of compelling buyers to splurge on additional products before granting access to its coveted Birkin bags.
A new plaintiff from California has joined the lawsuit, filed in the San Francisco federal court, marking the third named plaintiff in the class action initiated in March.
The plaintiffs allege that Hermes restricts the sale of its handmade Birkin bags, which fetch thousands of dollars, to customers with a substantial purchase history. The revised complaint elaborates on the luxury handbag market in an effort to counter Hermes’ motion to dismiss the case.
“The official price tag of a Birkin bag is a smokescreen, concealing a hidden lottery system that coerces consumers to buy a significant amount of Hermes products just to qualify for the chance to purchase a Birkin,” the amended lawsuit claims.
Hermes and its legal team at Latham & Watkins have yet to comment. The plaintiffs’ attorneys also declined to provide statements.
In a prior filing, Hermes dismissed the lawsuit as “far-fetched,” arguing that Birkins are available to customers without a purchase history and that such practices would not be illegal. “Hermes faces clear competition from various sellers across its product range,” the company contended.
The revised lawsuit asserts that the Birkin bag’s exclusivity, limited supply, and iconic status make it irreplaceable. It states that offerings from competing luxury brands like Gucci, Prada, and Louis Vuitton lack the unique identity and exclusivity of the Birkin.
The complaint also references Hermes’ statements in a 2022 trademark lawsuit against artist Mason Rothschild. In that case, Hermes described the Birkin as a “highly desirable ‘holy grail’ handbag, doubling as an investment or store of value, due to its mysterious waitlist, high price, and extreme rarity.”
The case is titled Tina Cavalleri et al v. Hermes International et al, U.S. District Court, Northern District of California, No. 3:24-cv-01707-JD.
Legal Representation:
- For Plaintiffs: Joshua Haffner of Haffner Law, and Shaun Setareh of Setareh Law Group
- For Defendants: Christopher Yates, Belinda Lee, and Ashley Bauer of Latham & Watkins
