According to the lawsuit, Hermès only allows clients with “sufficient purchase history” to purchase a Birkin bag.
The French luxury brand Hermès is being sued by US customers who have expanded their case to include allegations that the firm makes them spend hundreds of dollars on other items before they will allow them to buy one of its renowned Birkin bags.
On Thursday, a third Californian became a named plaintiff in the proposed class action that was initially filed in March when they joined the claim in federal court in San Francisco. Adding to the previously updated lawsuit, Hermès attempted to refute its earlier claims that the action should be dismissed by providing more information regarding the alleged market for luxury handbags.
“A concealed lottery system that requires customers to buy significant quantities of Hermès ancillary products in order to ‘qualify’ for the mere opportunity to buy a Birkin is concealed behind the nominal retail price of a Birkin bag,” Requests for comment from Hermes and its legal team at Latham & Watkins were not immediately answered.
Offerings from competing luxury labels like Gucci, Prada, and Louis Vuitton, according to the consumers, “lack the unique brand identity and exclusivity that define the Birkin bag.” The updated complaint also included remarks made by Hermes in a 2022 trademark case it filed against Mason Rothschild.
