Birkin Bag Shoppers Suing Hermès Expand Antitrust Case

US customers suing French luxurious home Hermès have broadened their lawsuit accusing the corporate of forcing patrons to spend hundreds of {dollars} on different merchandise earlier than they will buy one of many firm’s famed Birkin luggage.

One other California resident joined the lawsuit in San Francisco federal court docket on Thursday, changing into the third named plaintiff within the proposed class action that was first lodged in March.

The lawsuit claimed Hermès solely offers clients with “adequate buy historical past” an opportunity to purchase a Birkin bag, that are handmade and may value hundreds of {dollars}.

The newly amended grievance additionally added extra particulars concerning the purported marketplace for luxurious purses, in a bid to defeat Hermès’ preliminary arguments searching for to dismiss the case.

“The nominal retail worth of a Birkin bag is a facade, masking a hidden lottery system that forces customers to buy substantial quantities of Hermès ancillary merchandise to ‘qualify’ for the mere alternative to purchase a Birkin,” the amended lawsuit mentioned.

Hermes and its authorized workforce at Latham & Watkins didn’t instantly reply to requests for remark. Legal professionals for the plaintiffs declined to remark.

In a submitting final month, Hermès referred to as the lawsuit “far-fetched.” Hermès informed the court docket that clients with no buy historical past can nonetheless purchase a Birkin, and it argued that such a requirement wouldn’t be unlawful in any case.

“Hermès faces clear competitors from completely different sellers on the wide selection of merchandise it sells,” the corporate mentioned.

Thursday’s amended grievance mentioned “the Birkin bag’s exclusivity, restricted availability, and iconic standing make it tough to discover a excellent substitute.”

The patrons mentioned choices from rival luxurious manufacturers resembling Gucci, Prada and Louis Vuitton “lack the distinctive model id and exclusivity that outline the Birkin bag.”

The brand new grievance additionally pointed to statements that Hermes made in a 2022 trademark lawsuit it introduced towards artist Mason Rothschild.

In that case, Hermès mentioned the Birkin’s “mysterious waitlist, intimidating worth tags and excessive shortage have made it a extremely covetable ‘holy grail’ purse that doubles as an funding or retailer of worth.”

By Mike Scarcella

Study extra:

Who Gets to Buy a Birkin Bag?

Hermès’ elusive gross sales technique is on the centre of a brand new authorized problem for the French luxurious large. BoF breaks down the practices underneath scrutiny and what the swimsuit might imply for the style trade at giant.