Hermès Birkin Bag Antitrust Lawsuit Dismissed Heads to Ninth Circuit Appeal

The Lawsuit: Claims and Core Arguments At the center of the dispute are three California consumers who sought class action status, alleging Hermès violated U.S. antitrust law by enacting a qualification system: requiring customers to purchase scarves, jewelry, home goods, or shoes before being granted the chance to buy a Birkin.

The plaintiffs argued this was an illegal tying arrangement, coercing additional purchases and unfairly restricting consumer access to the Birkin bag.

The lawsuit described Hermès’s Birkin sales as a hidden lottery system, claiming the bag’s legendary scarcity is artificially maintained to drive up demand, value, and a thriving resale market.

Hermès and its sales representatives were aware that many customers encouraged to buy additional products would not actually receive a Birkin bag…