Americans suing for right to buy Hermès Birkin bags add fraud, false advertising claims

Plaintiffs in antitrust case over Hermès limiting ability to buy coveted bags to customers who purchase other items amend their complaint

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Three Americans who sued Hermès for restricting the purchase of a coveted Birkin bag (above) to customers who buy other items have added false advertising and fraud claims to their antitrust case against the luxury goods company. Photo: AP

Published: 10:15am, 15 Oct 2024

US consumers suing French luxury house Hermès have revised their lawsuit once again, hoping to persuade a sceptical judge that the company is forcing buyers to spend thousands of dollars on other products before they can purchase one of its famed Birkin bags.

The three plaintiffs from the US state of California filed their third complaint on October 11, adding more allegations and details after Hermès asked the court in San Francisco to throw out the closely watched case.

The lawsuit still claims that Hermès only gives customers with “sufficient purchase history” a chance to buy a coveted Birkin bag, which are handmade and can cost thousands of dollars.

The consumers contend Hermès is violating US antitrust law by tying the purchase of other products to the ability to buy a Birkin bag. The amended lawsuit added false advertising and fraud claims.

US rapper Cardi B and her collection of Birkin bags. Some of her fellow Americans don’t think it fair that they are denied the right to buy even a single Birkin unless they buy other Hermès items first. Photo: Instagram

Hermès and its sales staff “know that many of the people they induce to buy ancillary products will not in fact get a Birkin bag”, according to the lawsuit.