Hermès, the renowned French luxury brand, is facing a lawsuit in California over claims that it unfairly restricts the sale of its iconic Birkin handbags to customers who have “sufficient purchase history” with the company.
Two California residents filed a proposed federal class-action lawsuit on Tuesday in San Francisco, alleging that Hermès is violating antitrust law by "tying" the sale of one item to the purchase of another.
According to the lawsuit, the company's sales associates are facilitating the scheme by encouraging customers to purchase shoes, scarves, jewelry, and other items in order to be eligible to buy a Birkin.
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In the lawsuit, the Birkin handbags are referred to as an "icon of fashion," long regarded as a status symbol and named after the British-born actor and singer Jane Birkin, who was embraced by France and passed away last year.
As per the lawsuit, consumers are unable to buy a Birkin online from Hermès, and the handcrafted leather bags, which can fetch thousands of dollars each, are not openly displayed for sale in the company's retail stores.
“Typically, only those consumers who are deemed worthy of purchasing a Birkin handbag will be shown a Birkin handbag [in a private room],” according to the complaint.
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The lawsuit seeks class-action status for thousands of US consumers who either bought Hermès goods or were required to do so to obtain a Birkin. Hermès operates approximately 43 stores in the US, including eight in California.
The plaintiffs are seeking unspecified monetary damages and a court injunction to halt Hermès's allegedly anticompetitive practices.
