Remember when Rebecca Bloomwood compared curling your fingers around the handles of a shiny, uncreased bag to cramming your mouth with warm buttered toast after days of hunger in Confessions of a Shopaholic? We all gasped a little at just how accurate she was — didn’t we?
If you ask us, nothing quite says ‘I’ve arrived’ like a Hermès Birkin bag. Guess what though? Even Hermès isn’t immune to a little legal drama. The Hermès Birkin bags lawsuit has heads turning and you’re probably wondering what all the fuss is about.
Here’s everything you need to know about the Hermès Birkin class action lawsuit.
Update! The Verdict Is In and Hermès Wins!
Ladies, the waiting game just got official legal approval! In September 2025, U.S. District Judge James Donato dismissed the Hermès Birkin bags lawsuit with prejudice. This means the case is officially closed and cannot be refiled in federal court. After three attempts by the plaintiffs to prove their case, the court ruled in Hermès's favour, essentially declaring that making customers earn their Birkin isn't illegal.
It's just… Hermès being Hermès.
Reserving Birkins for high-spending, loyal customers doesn't violate antitrust laws. So while it might sting that you can't just waltz in and buy one, legally speaking, Hermès has every right to play hard to get.
But, It’s Just A Bag?
Wrong. It’s a Hermès Birkin bag.
French luxury brand Hermès, first launched in 1837, has since been specialising in all things leather, accessories and even ready-to-wear items. While they were once associated with incredible craftsmanship, they’re now status symbols and well some serious cash, with the Birkin becoming one of the most sought-after articles around the globe.
Birkins, inspired by the iconic Jane Birkin, are priced between $12,000 and $450,000 in private sales, and the resale markets are just that much crazier in terms of pricing. Did we mention the annual price increases? Owning a Birkin means you’ve made it, darling. But with great power comes great responsibility — or in this case, a Hermès Birkin lawsuit.
Let’s be honest though, sure the craftsmanship and attention to detail are incredible. Now, however, things have gone way beyond that and the sky-high price tag.
It’s actually about the chase. The thrill of getting your hands on something that’s simply out of reach.
Hermès Sued! The Lawsuit Lowdown
There aren’t a whole lot of people who can afford to dish out hundreds and thousands grands of dollars for a single bag. Those who can, aren’t guaranteed a Birkin.
Do we think that’s fair?
Tina Cavalleri, Mark Glinoga, and Mengyao Yang surely didn't. They filed the Hermès lawsuit in California on March 19, 2024, making rounds on international news. The trio alleged that Hermès has violated antitrust laws, which require customers to purchase other products of theirs to be 'eligible' for a Birkin.
They went on to claim that this forms a Hermès ‘monopoly’ of sorts and that only customers deemed ‘worthy’ are actually shown a Birkin in person at Hermès stores. This is why, suppose you were to wish to buy a Birkin, the decision would be incredibly difficult. Especially since there are so many things to choose from; colour, style, size, leather and even hardware!
At the end of the day, it’s actually not about waiting lists or limited availability; it’s about whether Hermès is playing by the rules or bending them to maintain that ‘oh-so-precious’ exclusivity.
What was really at stake here was the brand’s alleged manipulation of supply and demand, creating an artificial scarcity that leaves would-be Birkin owners out in the cold.
‘Other’ Purchases to Be Deemed ‘Worthy’ — Is That True?
Was there any truth to the claims filed in the Hermès Birkin bags lawsuit, or was it just a bunch of unhappy ladies who have yet again failed to get their hands on a Birkin?
Well, if you’re an avid collector, you’d know all too well that, unfortunately, it’s true! Hermès does, in fact, require you to establish a ‘profile’ of sorts by purchasing other products from their broad categories.
Does anyone really know exactly what amount this ‘Hermès pre-spend’ needs to be? Well, it’s hard to say for sure. According to reports and claims from various customers, some have found themselves splurging what's reportedly a whopping $50,000 and more before they could get a chance to lay their hands on a Birkin. Others claim to have spent allegedly a 'mere' $20,000.
A few claim to have walked in and frolicked out with a Birkin in hand on their first try.
Do we believe them? Not really.
But hey, can’t a girl dream?
What Does this Mean for Luxury?
Did the plaintiffs have every right to be upset over the sales practices? Absolutely.
However, in a world where brands are struggling to stay relevant, Hermès has done a pretty good job of itself at consistently staying at the top. Could it be that their sales practices are, in fact, above board and that the exclusivity of the Birkin is the entire reason it’s so sought-after? If everyone could waltz into a store and walk out with one, would it still have everyone drooling?
Regardless of where you stood, one thing’s for sure: the Hermès Birkin bags lawsuit had everyone talking.
The Court's Ruling: Why the Plaintiffs Lost
Judge Donato didn't mince words in his decision. After three attempts by the plaintiffs to make their case stick, the court found fatal flaws in every argument.
Here's what went wrong for Cavalleri, Glinoga, and Yang:
1. Market Definition
The plaintiffs tried to define the market as "elitist luxury handbags in the United States," but the court wasn't buying it. They relied on dated academic articles and general luxury reports that simply didn't establish a legally recognized product market. In the world of antitrust law, you need rock-solid evidence to define your market.
2. Market Power? Not Quite Sure
The plaintiffs claimed Birkin's account for 60-75% of their proposed market. But market share doesn't automatically equal market power. The court emphasized that without proof that Hermès could exclude competitors or control prices across the luxury handbag industry, there's no case.
Is Hermès exclusive with its own products? That's not the same as dominating an entire market.
3. The "Tied Products" Problem
The complaint lumped together what Judge Donato called an "almost kaleidoscopic" array of products, scarves, footwear, fragrances, homewares, and more. But the plaintiffs couldn't prove that competition in these markets was actually harmed. You can't just throw every Hermès product into one basket and call it anticompetitive.
4. No Real Harm to Competition
Antitrust laws exist to protect competition, not to guarantee everyone gets to buy whatever they want. The plaintiffs were essentially upset they couldn't buy Birkins on demand, but personal frustration isn't the same as competitive harm. As Judge Donato pointedly stated: "It may be, as the plaintiffs suggest, that Hermès reserves the Birkin bag for its highest-paying customers, but that in itself is not an antitrust violation."
Dismissed With Prejudice. What Does That Really Mean?
When a case is dismissed with prejudice, it's game over. The plaintiffs can't come back and refile the same claims in federal court. After giving them multiple chances to strengthen their case, they filed an amended complaint in May 2024 and a second amended complaint in October 2024. The court decided enough was enough.
The court also declined to hear the state law claims because once the federal antitrust claims fell apart, there was no reason to keep the case in federal court. The plaintiffs could technically pursue those state claims in California state court, but given how thoroughly their federal case was dismantled, that's looking like a steep uphill battle.
Legal Expert Opinions on the Hermès Class Action Lawsuit
To say the Hermès Birkin lawsuit has stirred quite a controversy would be an understatement. Unfortunately, though, things weren't looking too bright for the plaintiffs according to legal experts. To be able to come out victorious, the plaintiffs needed to be able to prove that the Hermès 'monopoly' does, in fact, exist.
The only monopoly experts saw was Hermès' monopoly over their own production line. Additionally, the ‘Hermès pre-spend’ isn’t entirely illegal. Why, you ask? Well, the luxury French brand doesn’t have product tying as part of their customer policy. Anything that’s not worded down, basically, is hard to believe, right?
Hermès was also likely to come out the other side unscathed since it implements this 'policy' rather inconsistently. No one actually knows what amount is required to qualify for a Birkin, and maybe that’s part of the entire game.
Along with these facts, it's hard to believe the Hermès Birkin class action lawsuit could succeed, especially since there are quite a few words misspelt, including Birkin. This highly undermines any attention — if any — the Hermès Birkin Bags lawsuit is to receive.
The plaintiffs also made another critical error. They claimed that all Hermès products are available for purchase on their website, save for the iconic Birkin. This couldn't be further from the truth, since only a measly 2 out of their 80 bag styles can be found listed online. This isn’t actually illegal, contrary to popular belief, since several luxury brands, such as Chanel, tend to follow this trend.
As predicted, Hermès emerged victorious. The brand won decisively, with the case dismissed with prejudice. This is one fashion fight that's officially over, and Hermès came out on top.
What This Means for Luxury Brands and For You
So Hermès won. What does that actually mean for the future of luxury shopping?
For Luxury Brands
This ruling essentially gives luxury brands the legal thumbs-up to maintain their practices. As long as they're not actually harming competition in the broader market, they can pick and choose who gets access to their most coveted products. Expect other luxury houses to take note; if Hermès can legally favour their highest-spending customers, you can bet others will feel emboldened to do the same (or continue doing so).
For Consumers
If you were hoping this lawsuit would force Hermès to change its ways and make Birkins more accessible, we've got bad news. The court's decision confirms that making customers "earn" a Birkin through previous purchases is just business. The pursuit remains as challenging (and as exclusive) as ever.
What's Next? Could This Case Rise Again?
The federal door is closed, but technically, the plaintiffs could pursue their state law claims in a California state court. However, given how thoroughly Judge Donato dismantled their arguments, any future legal action faces serious headwinds. The court's reasoning was clear and comprehensive, leaving little room for a comeback.
For now, the Hermès Birkin allocation system stands as is, legally validated and unlikely to change.
The Bag, The Myth, The Lawsuit
Few things in life, apart from a little black dress, of course, are as iconic as a Hermès Birkin.
How else could we possibly explain the allure of it, other than customers turning to courts to file a Hermès Birkin Bags lawsuit to force the brand to sell them one? Do you consider that as a win for Hermès? We sure do. And as it turns out, the courts agreed, Hermès won the legal battle, too.
Birkins go through meticulous and thorough production processes, and there are only so many they can make. If we think about it, it’s just not possible to give out a Birkin to everyone who wants one (that list is long, trust us). Yes, regardless of how deep their pockets run. One might even see the ‘Hermès pre-spend’ as a way to honour and cherish loyal customers. The court certainly saw it that way, ruling that rewarding loyal, high-spending customers is just good business.
Ladies, whatever your take is on the Hermès class action lawsuit, it doesn’t change the fact that this one bag has the world going crazy for it. It’ll practically never go out of style. And now, thanks to this legal victory, Hermès' exclusivity practices are here to stay.
So, while people around the world continue to wait for their turn on endless wait lists, you get to turn to us, Love Luxury for all your Birkin needs. There aren’t any wait lists with us, just make your pick and have it shipped out to you the very next day! We’ve got a wide collection of gently used Hermès Birkins that are just waiting to be adopted.
Happy shopping!
