Signage for an Hermes store in Amsterdam

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Hermès Handbag Class Action Lawsuit Filed in California

March 21, 2024

A class action lawsuit has been filed against luxury brand Hermès, alleging violations of antitrust laws in California. The suit, lodged in federal court in San Francisco, claims that Hermès restricts the sale of its renowned Birkin handbag to customers with a proven history of purchasing other items from the brand.

According to the lawsuit, Hermès sales associates are reportedly incentivized to promote ancillary products like scarves, jewelry, shoes, and home goods to potential Birkin buyers. The exclusivity of the Birkin handbag is emphasized, with only select customers being granted access to view and purchase these coveted items in private settings.

The lawsuit specifically states, “Typically, only those consumers who are deemed worthy of purchasing a Birkin handbag will be shown a Birkin handbag (in a private room). The chosen consumer will be given the opportunity to purchase the specific Birkin handbag which they are shown.” It also added that “customers cannot then order a different Birkin handbag that might better suit their style preferences.”


The lawsuit asserts that Hermès deliberately fosters an environment where customers must meet specific purchasing criteria before being offered the opportunity to buy a Birkin handbag. This policy allegedly disadvantages consumers who do not have an extensive purchase history with the brand.

Two plaintiffs have initiated the class action lawsuit, claiming harm from Hermès’ alleged practices. One plaintiff alleges spending significant amounts at Hermès and being pressured into purchasing ancillary products to gain access to Birkin bags. Another plaintiff recounts repeated attempts to buy a Birkin handbag, only to be told they needed to purchase additional items.

The legal action seeks to halt Hermès from continuing these practices and requests unspecified damages and restitution for affected consumers. The lawsuit sheds light on the intricate workings of luxury retail and the lengths to which some brands go to maintain exclusivity in their products.


As the case unfolds, it underscores the importance of transparency and fairness in retail practices, particularly within the luxury market. Stay tuned for updates on this unfolding legal battle against one of fashion’s most iconic brands.

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