For the second time, Hermès has slipped past a legal challenge accusing it of playing gatekeeper with its most coveted creation: the Birkin bag.
A federal judge in San Francisco tossed out a proposed class action that claimed the French luxury house forces shoppers to spend lavishly on belts, scarves, and other goods before granting them access to the elusive handbag. The plaintiffs argued this “hidden lottery” masked the true cost of the Birkin, which can run into the tens of thousands.
Judge James Donato wasn’t convinced. In his order, he wrote that even if Hermès does reserve Birkins for its biggest spenders, that alone doesn’t amount to an antitrust violation. With prejudice, he dismissed the case—meaning it won’t be coming back.
The ruling marks déjà vu for Hermès. A previous version of the lawsuit had already been swatted down, with the judge pointing out last year that the company was free to make just a handful of Birkins and price them however it wished.
The plaintiffs had accused the brand of manipulating customers into chasing a dream bag they might never receive, despite spending thousands to “qualify.” Hermès countered that the sales happen in a competitive luxury market where scarcity and craftsmanship dictate supply.
For now, the Birkin remains what it has always been: part handbag, part status symbol, part mystery—available only to the chosen few.
