In a bold move, U.S. consumers are revamping their legal strategy against the iconic French luxury brand Hermes, aiming to convince a skeptical judge that the company unfairly requires buyers to spend significant amounts on other products before they can get their hands on the elusive Birkin bag.
Three plaintiffs from California have filed a revised complaint, marking their third attempt after Hermes urged the federal court in San Francisco to dismiss the high-profile case. The lawsuit alleges that Hermes restricts access to its highly sought-after Birkin bags—handmade treasures often priced in the thousands—exclusively to customers with a “sufficient purchase history.”
The plaintiffs assert that this practice violates U.S. antitrust laws, claiming that Hermes is effectively tying the purchase of ancillary products to the opportunity to buy a Birkin bag. They contend that the company and its sales team are well aware that many buyers of these additional products will ultimately be denied the chance to purchase a Birkin.
In a hearing last month, U.S. District Judge James Donato, a former antitrust attorney, expressed doubts about the merits of the consumers’ claims. He emphasized that Hermes has the right to operate its business as it sees fit, even if that means limiting production of Birkin bags. “If it chooses to make five Birkin bags a year and charge a million for them, it can do that,” he stated, highlighting the competitive nature of the luxury market.
Donato further suggested that Hermes’ business model might actually enhance competition, as it may encourage consumers to seek alternatives from rival brands that don’t impose such purchasing conditions. “If Hermes is going to make you pay a fortune for their bag, they are leaving the ground open for every competitor to say, ‘Come on in and get our beautiful bag and you don’t have to buy $3,000 or $30,000 worth of belts,’” he remarked.
This case, titled Tina Cavalleri et al v. Hermes International et al, continues to unfold in the Northern District of California, as consumers seek to challenge the luxury brand’s sales practices in what has become a captivating saga in the world of high fashion.
