FashionLaw

Hermès Birkin Bag Antitrust Lawsuit Dismissed Heads to Ninth Circuit Appeal

In a case that has captivated both the legal and luxury retail worlds, U.S. District Judge James Donato in San Francisco dismissed a high-profile antitrust lawsuit brought against Hermès over the sales practices for its iconic Birkin handbag.

Published: Nov 27, 2025 9:27 PM

By Jeanel Alvarado

FashionLaw

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Hermès Birkin Bag Antitrust Lawsuit Dismissed Heads to Ninth Circuit Appeal

In a case that has captivated both the legal and luxury retail worlds, U.S. District Judge James Donato in San Francisco dismissed a high-profile antitrust lawsuit brought against Hermès over the sales practices for its iconic Birkin handbag. The lawsuit, which took aim at the French luxury brand’s famously secretive and selective Birkin sales, claimed that Hermès unlawfully forced consumers to buy other non-Birkin items in order to be qualified for an offer to purchase the coveted bag. With Judge Donato’s September 2025 decision, the plaintiffs have appealed, and the case is now headed to the Ninth U.S. Circuit Court of Appeals.

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…

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Hermès Birkin Bag Antitrust Lawsuit Dismissed Heads to Ninth Circuit Appeal

In a case that has captivated both the legal and luxury retail worlds, U.S. District Judge James Donato in San Francisco dismissed a high-profile antitrust lawsuit brought against Hermès over the sales practices for its iconic Birkin handbag.

Unlock the rest of this story

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