Two California residents are suing French luxury design company Hermès over claims that it sells its Birkin bags only to customers who have purchased other Hermès items in the past, including the designer's expensive shoes, scarves and belts.
The class action lawsuit filed Tuesday in San Francisco alleges that customers must have a qualified “shopping profile” with Hermès to have access to Birkin bags. This violates antitrust law, the lawsuit claims, by tying the purchase of a Birkin to the purchase of other luxury items.
The bags, named after British actress and singer Jane Birkin, are seen by many as a status symbol and fashion icon. The bags sell for thousands of dollars, ranging from the price of a small motorcycle to the price of a small cabin.
Customers cannot purchase Birkin bags on the Hermès website, the lawsuit says, and they are not publicly displayed in Hermès retail stores. Hermès currently operates more than 40 retail stores in the United States, including eight in California, according to the lawsuit.
“Generally, only those customers who are deemed worthy of purchasing a Birkin bag will be shown a Birkin bag in a private room,” the lawsuit says.
Hermès sales associates are promoting the scheme by encouraging customers to purchase multiple other items for a chance to purchase a Birkin, the lawsuit alleges. The lawsuit seeks class-action status for thousands of wealthy customers who purchased Hermès items or were encouraged to purchase them in order to purchase a Birkin.
“The unique appeal, incredible demand, and low supply of Birkin bags give Defendants incredible market power,” the lawsuit says. The lawsuit did not specify how clients would prove they had been victims of the alleged scheme.
Hermès did not immediately respond to a request for comment.
