Hermès Urges Judge to Dismiss Birkin Bag Class Action Lawsuit

Hermès has asked a California federal judge to dismiss claims that it only sells its coveted Birkin bags to customers with a “sufficient” purchase history of other Hermès products.

The consumers behind the lawsuit argue that Hermès is leveraging demand for Birkin bags to force customers into purchasing additional merchandise, which they claim is an abuse of monopolistic sales power.

On Oct. 25, Hermès filed another motion to dismiss the case, contending that the plaintiffs failed to prove antitrust violations in their amended complaint. The company argued that consumers were attempting to turn its success in crafting a “superior but rare” product into an antitrust issue.

Hermès Birkin Bag Class Action Overview

Who: Plaintiffs Tina Cavalleri and Mark Glinoga filed a class action lawsuit against Hermès International and Hermès of Paris.

Why: The lawsuit alleges Hermès restricts the sale of Birkin bags to customers who have first purchased a substantial amount of other Hermès merchandise.

Where: The class action was filed in federal court in California.

Allegations Against Hermès

According to the class action, Birkin bags are not displayed in Hermès retail stores and are never sold online. Instead, stores typically have only one to three Birkin bags available, which are only shown to customers with an extensive purchase history.

The lawsuit claims that consumers cannot order a Birkin handbag in a specific style, size, color, leather, or hardware preference at a retail location, making the purchasing process highly exclusive.

Sales Associates Allegedly Use Birkins to Drive Other Sales

The plaintiffs allege that Hermès sales associates are instructed to show Birkin bags only to customers who have purchased other Hermès products, such as shoes, scarves, belts, jewelry, and home goods.

Additionally, the lawsuit claims sales associates receive no commission on Birkin bag sales but do earn:

• 3% commission on ancillary Hermès products
• 1.5% commission on non-Birkin handbags

The lawsuit alleges this policy is designed to use Birkin bags as a tool to drive sales of other Hermès products.

Case Information

The Hermès Birkin bag class action lawsuit is Cavalleri, et al. v. Hermès International, et al., Case No. 3:24-cv-01707, in the U.S. District Court for the Northern District of California.